Sri Siddesh @ Siddegowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Siddesh @ Siddegowda Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Mandamus issued: Respondent No.6 (DDLR) directed to conduct a joint survey in accordance with law; Respondent No.5 to notify all stakeholders before commencing the survey; joint survey to be completed within six months from receipt of order copy.

Issue for consideration

Whether the respondents should be directed, by mandamus, to conduct a joint survey and demarcate the petitioner's granted extent of 25 guntas in Survey No. 1, including as against the land held by the forest department within the same survey number.

Court's answer

The writ petition is allowed.

Ratio / Principle

Respondent No.6 (Deputy Director of Land Records) is directed to conduct a joint survey in accordance with law.

Key takeaways

Before commencing the joint survey, respondent No.5 (Range Forest Officer) shall ensure that all stakeholders are notified.ratio¶52
The joint survey exercise shall be completed within six months from the date of receipt of the order copy.ratio¶53

Detailed headnote1 paragraphs

Writ Petition (KLR-RES) under Article 226 of the Constitution of India, decided 07.01.2025 by Justice Sachin Shankar Magadum. The petitioner, whose family was in asserted long-standing possession of 25 guntas in Survey No. 1 (Hosakote Taluk, Bengaluru Rural District), had obtained regularisation through a Form No. 53 application; the grant was sanctioned in 2005 by official memorandum dated 03.05.2005 with a subsequent saguvali chit (Annexures E and F), and its genuineness was verified by issuance of Form No. 1 (Annexure K). Survey No. 1 also contains 323 acres 20 guntas held by the forest department. Seeking demarcation of his granted land against the forest land, the petitioner prayed for consideration of his representation dated 22.03.2024 and a joint survey. The HCGP assured that the representation would be considered in accordance with law. Recording the assurance, the Court allowed the petition and directed: (i) Respondent No.6-DDLR to conduct a joint survey in accordance with law; (ii) Respondent No.5 to notify all stakeholders before commencing the survey; and (iii) completion of the joint survey within six months from receipt of the order copy.

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NC: 2025:KHC:269 WP No. 26746 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 7^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26746 OF 2024 (KLR-RES)

BETWEEN:

SRI. SIDDESH @ SIDDEGOWDA, S/O. PAPPANNA, AGED ABOUT 53 YEARS, R/OF GULLAHALLI VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT - 562 122.

…PETITIONER

(BY SRI. SEENAPPA K, ADVOCATE)

AND:

Digitally signed by KAVYA R Location: High Court of Karnataka

THE STATE OF KARNATAKA, REPRESENTED BY ITS REVENUE SECRETARY, 5TH FLOOR, M.S. BUILDING, AMBEDKAR VEEDI, BENGALURU - 560 001.

THE PRINCIPAL CHIEF CONSERVATOR OF FORESTS, FOREST DEPARTMENT, ARANYA BHAVANA, 18TH CROSS, MALLESWARAM, BENGALURU - 560 003.

THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, 1ST FLOOR, DISTRICT ADMINISTRATIVE BUILDING, BEERASANDRA VILLAGE, KUNDHANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.

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THE DEPUTY CONSERVATOR OF FOREST, BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, KUNDHANA HOBLI, DEVANAHALLI TALUK,

BENGALURU RURAL DISTRICT - 562 110.

RANGE FOREST OFFICER, DEPARTMENT OF FOREST, HOSAKOTE RANGE, COLLEGE ROAD, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114.

THE DEPUTY DIRECTOR OF LAND RECORDS, BENGALURU RURAL DISTRICT, DISTRICT ADMINISTRATIVE BUILDING, BEERASANDRA VILLAGE, KUNDHANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.

THE TAHSILDAR, HOSAKOTE TALUK, MINIVIDHANA SOUDHA, HOSAKOTE TOWN, BENGALURU RURAL DISTRICT - 562 114.

…RESPONDENTS

(BY SRI. MANJUNATHA K, HCGP)

THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS, TO CONSIDER THE APPLICATION/REPRESENTATION DATED 22.03.2024, AS FILED BY THE PETITIONER, VIDE ANNEXURE-A AT THE EARLIEST WITHOUT ANY FURTHER DELAY.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:269 WP No. 26746 of 2024

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

This petition is filed seeking a mandamus against the respondents to conduct a joint survey and demarcate the petitioner's extent of 25 guntas in Sy.No.1.

Heard learned counsel for the petitioner and learned AGA for respondents No.1 to 7.

The subject matter of the petition pertains to a portion of land measuring 25 guntas situated within Survey No. 1, which forms part of a larger extent of land. The petitioner asserts that their family has been in unauthorised possession and cultivation of this 25-guntas portion since time immemorial. In light of their longstanding possession, the petitioner submitted an application in Form No. 53, seeking regularisation of their occupancy. Upon consideration of the application, the competent authority granted the 25-guntas portion of land to the petitioner’s family. The petitioner further claims

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that, prior to the grant, a comprehensive survey was undertaken by the authorities to ascertain the exact boundaries of the land under their possession. During this survey, the petitioner’s specific portion of the land was identified and confirmed to be under their family’s continuous cultivation. The grant was subsequently formalised in their favour.

It is submitted that the grant of 25 guntas of land was sanctioned in 2005, as evidenced by the official memorandum dated 03.05.2005, and a

corresponding saguvali chit (occupancy certificate) was issued thereafter. Copies of the memorandum and saguvali chit are produced as Annexures E and F, respectively. The petitioner contends that Survey No. 1 encompasses a much larger extent of land, portions of which have been granted to various individuals by the State over time. Additionally, within Survey No. 1, the forest authorities are said to own a significant portion of land measuring 323 acres and 20 guntas. In this context,

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the petitioner seeks a joint survey of the land to demarcate and clarify the boundaries of their granted land as well as the land held by the forest department. The petitioner emphasizes that such a survey is essential to avoid disputes and to establish the precise extent of the land allotted to different stakeholders. It is further highlighted that the genuineness of the grant made in favour of the petitioner has already been verified and confirmed by the competent authority, as reflected in the issuance of Form No. 1. Annexure K evidences the issuance of this document, which establishes that the authority has conducted a detailed inquiry to ascertain the legitimacy of the grant in favour of each individual allottee. The petitioner submits that what now remains is the necessity of a joint survey by the concerned authorities to properly delineate the land granted to the petitioner and others within Survey No. 1.

5 . The learned High Court Government Pleader (HCGP), upon instructions, has submitted that the

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petitioner’s representation seeking a joint survey will be duly considered by the competent authority in accordance with law. The HCGP assures that, after obtaining and examining all relevant records, the concerned authority will proceed to conduct a joint survey, with due notification to all stakeholders, including the petitioner and the forest

department. The petitioner urges that this survey be conducted expeditiously to ensure that the respective extents of land held by various grantees, as well as the forest department, are accurately demarcated and recorded.

Recording the assurance of learned HCGP, this

Court passes the following:

ORDER

i. The writ petition is allowed;

ii. Respondent No.6-DDLR is hereby directed to conduct a joint survey in accordance with law.

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iii. Before commencing the joint survey, respondent No.5 authority shall ensure that all stakeholders are notified;

iv. The exercise of joint survey shall be completed within a period of six months from the date of receipt of order copy.

Sd/(SACHIN SHANKAR MAGADUM) JUDGE

HDK