Belur Club Somwarpet Vs State of Karnataka

BELUR CLUB SOMWARPET A SOCIETY REGISTERED UNDER THE KARNATAKA SOCIETIES REGISTRATION ACT, 1960 BELUR VILLAGE, POSTBOX NO. 44, SOMWARPET - 571236 REPRESENTED BY ITS SECRETARY.

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…PETITIONER

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(BY SRI. D.R. RAVISHANKAR, SENIOR COUNSEL FOR SRI. GAURAV G.K., ADVOCATE)

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AND:

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA

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DEPARTMENT OF REVENUE, REPRESENTED BY

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THE PRINCIPAL SECRETARY, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560001.

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STATE OF KARNATAKA, DEPARTMENT OF SURVEY, REPRESENTED BY

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THE PRINCIPAL SECRETARY,

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HC-KAR

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AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560001.

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STATE OF KARNATAKA, DEPARTMENT OF TOURISM, REPRESENTED BY THE PRINCIPAL SECRETARY, AMBEDKAR VEEDHI, VIDHANA SOUDHA, BENGALURU - 560001.

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ALSO, AT STEWART HILL ROAD, MADEKERI, KODAGU DISTRICT - 571201.

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THE TAHSILDAR, OFFICE AT SOMWARPETE TALUK, KODAGU DISTRICT - 571236.

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ADDITIONAL DIRECTOR OF LAND RECORDS, DEPARTMENT OF SURVEY AND LAND RECORDS, OFFICE AT SOMWARPETE TALUK, KODAGU DISTRICT - 571236.

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…RESPONDENTS

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(BY SRI. B.J. ESWARAPPA, AGA )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION AND CONDUCT DURASTI AND HADBASTH OF THE ITEM NOS. 1, 2 AND 3 OF THE SCHEDULE PROPERTIES BY CONDUCTING SPOT INSPECTION, FIXING OF BOUNDARIES,

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HC-KAR

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PREPARATION OF SKETCH, DRAWING UP OF MAHAZAR AS PER THE REPRESENTATIONS DATED 18.09.2025 AS EXPEDITIOUSLY AS POSSIBLE (ANNEXURE - A AND A1); AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this writ petition, the petitioner is assailing the order dated 08.06.2026 (Annexure-W1) issued by respondent No.3, inter alia, sought for a direction to respondent No.4 to consider the representation made by the petitioner herein at Annexure-A and A1 and conduct durust in respect of the schedule property by fixing the boundaries and drawing up mahazar.

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Heard Sri. D.R. Ravishankar, learned Senior Counsel appearing on behalf of Sri. Gaurav G.K., learned counsel for the petitioner and Sri. B.J. Eswarappa, learned Additional Government Advocate appearing for the respondents.

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4 -

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NC: 2026:KHC:27952 WP No. 17211 of 2026

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HC-KAR

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Sri. D.R. Ravishankar, learned Senior Counsel appearing for the petitioner, contended by referring to the land belonging to the petitioner herein that the petitioner has to put up fence in the land however the respondents are interfering with the same without marking the boundaries as to the land belonging to the Government granted to respondent No.3 and therefore, sought for interference of this Court.

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Per contra, Sri. B.J. Eswarappa, learned Additional Government Advocate, sought to justify the impugned letter dated 08.06.2026 (Annexure-W1).

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In the light of the submissions made by the learned counsel appearing for the parties, the petitioner is claiming land to an extent of 29.32 acres in various survey numbers of Kusbur Village, Somawarpet Taluk. It is also to be noted that the petitioner has fenced the land belonging to it and the respondents, on the pretext that land in question has been given to respondent No.3, have taken steps to remove the fencing made by the petitioner herein. In this regard, taking into consideration that the issue involved in this writ petition is to ascertain the actual boundary and marking of the land

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HC-KAR

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belonging to the petitioner as well as the land which has been granted to respondent No.3, I am of the view that, that respondent Nos.4 and 5 be directed to conduct spot inspection and survey of the land in question and to fix boundary and marking of the same and as such, such aspects have to be done in the presence of the petitioner as well as the respondents herein, in accordance with law. Ordered accordingly.

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Needless to say that after the preparation of the sketch of the land in question is concerned, the respondent Nos.4 and 5 shall conduct durust in respect of the land belonging to either of the parties.

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Since the parties are represented through their learned counsel, in order to expedite spot inspection and to conduct survey, the respondent No.5 is directed to conduct survey of the land belonging to the petitioner as well as the respondent No.3, as mentioned above. The entire exercise shall be conducted and completed as mentioned above on or before six months from the date of receipt of certified copy of this order.

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