Citation : 2026 Latest Caselaw 1018 Kant
Judgement Date : 9 February, 2026
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NC: 2026:KHC-K:1224
WP No. 200105 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
WRIT PETITION NO.200105 OF 2026 (KLR-RES)
BETWEEN:
1. SIDDALINGAPPA S/O SAIBANNA,
AGE: 64 YEARS, OCC: AGRICULTURE,
R/O NO.36 KUSHAL LAYOUT,
BEHIND GOSPEL CHURCH,
KAGGADASAPURA, BANGALORE NORTH
C V RAMAN NAGAR, BANGALORE-560009.
2. SHARNAPPA S/O LATE SAIBANNA,
AGE: 71 YEARS, OCC: AGRICULTURE,
R/O CHAMNAL, TQ. DIST. YADGIRI-585202.
3. RUDRAPPA S/O LATE SAIBANNA,
AGE: 63 YEARS, OCC: AGRICULTURE,
R/O CHAMNAL, TQ. DIST. YADGIRI-585202.
Digitally signed
by RENUKA
4. SHARANAMMA W/O SHIVAYOGI,
Location: HIGH
COURT OF AGE: 58 YEARS, OCC: HOUSEHOLD,
KARNATAKA R/O CHAMNAL. TQ. DIST. YADGIRI-585202.
5. SHANTI @ SHARNAMMA,
W/O ANADA,
AGE: 58 YEARS, OCC: HOUSEHOLD,
R/O CHAMNAL, TQ. DIST. YADGIRI-585202.
6. YELLAMMA W/O LATE DODDA SHIVALINGAPPA,
AGE: 74 YEARS, OCC: HOUSEHOLD,
R/O CHAMNAL, TQ. DIST. YADGIRI-585202.
7. BHEEMBAI W/O LATE MYLARI,
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NC: 2026:KHC-K:1224
WP No. 200105 of 2026
HC-KAR
AGE: 45 YEARS, OCC: HOUSEHOLD,
R/O CHAMNAL, TQ. DIST. YADGIRI-585202.
8. ERANNA S/O LATE MALAPPA,
AGE: 56 YEARS, OCC: AGRICULTURE,
R/O CHAMNAL, TQ. DIST. YADGIRI-585202.
...PETITIONERS
(BY SRI. BASAWARAJ R. CHINCHOLI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
GOVERNMENT OF KARNATAKA
M. S. BUILDING, BANGALORE THROUGH
ITS PRINCIPAL SECRETARY-560001.
2. THE DEPUTY COMMISSIONER,
YADGIRI DIST. YADGIRI-585202.
3. THE ASSISTANT COMMISSIONER, YADGIRI
DIST. YADGIRI-585202.
4. THE TAHSILDAR, YADGIRI
DIST. YADGIRI-585202.
5. THE DEPUTY DIRECTOR
OF LAND RECORDS, YADGIRI-585202.
6. THE ASSISTANT DIRECTOR
OF LAND RECORDS, YADGIRI-585202.
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENTS
TO CONSIDER THE REPRESENTATIONS DATED 19.11.2024,
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WP No. 200105 of 2026
HC-KAR
14.12.2024, 24.04.2025 AND 09.06.2025 AS PER ANNEXURE-
F, F1, F2 AND F3 AND DIRECT TO CONDUCT THE SURVEY AND
ISSUE FORM NO.10, PHODI MAP, AKAR BAND ETC. IN RESPECT
OF LAND SY.NO.103 OF VILLAGE CHAMNAL TQ. DIST.
YADGIRI.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE PRADEEP SINGH YERUR
ORAL ORDER
Heard learned counsel for the petitioners.
2. Learned Additional Government Advocate is
directed to take notice for respondents.
3. It is the case of the petitioners that they are the
owners and in possession of land bearing Sy.No.103
measuring 13 acres 7 guntas situated at village Chamanal,
Tq. and Dist. Yadgiri. The occupancy rights of said land
was earlier granted in favour of one Saibanna, father of
petitioners and Form No.10 was issued. The land was
jointly granted in the name of father of petitioner No.1 and
another person by name Tippanna, totally measuring 26
acres and 14 guntas, after which mutation was recorded
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HC-KAR
as per Form No.10. After demise of the said Saibanna, his
legal heirs i.e., petitioners got mutated the land in their
name to the extent of 13 acres and 7 guntas by mutation
order dated 06.03.2021 and the same is appearing in the
Record of Rights. Petitioners made a request to the
respondents to survey the land and prepare the Akar Band
of land to the extent of 52 acres 29 guntas, as said land
was divided as Sy.Nos.103/A, 103/Aa, 103/E, and 103/Ee.
Since the Tippani is not available since last 40 to 50 years,
same is causing hindrance to the petitioners and their
family members. Hence, they made a representation to
the Deputy Commissioner, Yadgiri on 22.09.2022,
requesting to survey the land and issue Record of Rights
as per Akar Band. After that also the petitioners have
made several representations.
4. It is a grievance of petitioners that till date the
representation and requests so made are not considered.
Hence, they are aggrieved and before this Court for the
inaction of the respondents in not providing Form No.10
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HC-KAR
and not entering the names of the petitioners by preparing
Phodi.
5. Per contra, learned Additional Government
Advocate submits that though the representations are
made in 2024-2025, it is a duty of the petitioners to make
a representation through online portal i.e. 'Kaveri 2.0.' and
if the same is made by the petitioners, which is the normal
procedure to follow, the representations would be
considered.
6. Learned counsel for the petitioners further
submits that though they have already made
representations on 19.11.2024, 14.12.2024, 24.04.2025
and 09.06.2025, as per Annexures-F, F1, F2 and F3, he
would make another representation and submission of
form through online portal of the respondent, within a
week's time from today.
7. In view of such submission, if the said form is
submitted online by the petitioners, the same shall be
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HC-KAR
considered by the respondent authorities within a period of
4 weeks from the date of receipt of such online submission
through the portal of the respondents. Learned counsel for
the petitioners has filed a memo along with documents,
the same is taken on record. The respondents shall take
into consideration these documents also, in addition to the
online submission form.
8. With these observations, this petition is
disposed of.
Sd/-
(PRADEEP SINGH YERUR) JUDGE
NJ LIST NO.: 1 SL NO.: 7 CT:SI
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