Karnataka High Court
Sri. T. K. Subramanya vs State Of Karnataka on 13 January, 2023
Author: R Devdas
Bench: R Devdas
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WP No. 718 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 718 OF 2023 (KLR-RES)
BETWEEN:
SRI. T. K. SUBRAMANYA
S/O KRISHNAPPA
63 YEARS
R/AT THARABANAHALLI VILLAGE
JALA HOBLI, YELAHANKA TALUK
BENGALURU 560 064
...PETITIONER
(BY SRI. SANGAMESH R B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
M.S. BUILDING
BENGALURU 560 001
2. THE ASST. COMMISSIONER
BENGALURU NORTH SUB DIVISION
K.G. ROAD
BENGALURU 560 009
3. THE DEPUTY DIRECTOR
OF LAND RECORDS
AND TECHNICAL ASSISTANT
TO THE DY. COMMISSIONER
OFFICE OF THE DY. COMMISSIONER
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WP No. 718 of 2023
BENGALURU URBAN DISTIRCT
BENGALURU 560 001.
4. THE JOINT DIRECTOR OF LAND RECORDS
AND TECHNICAL ASSISTANT TO
THE DY. COMMISSIONER
OFFICE OF THE DY. COMMISSIONER
BENGALURU URBAN DISTIRCT
BENGALURU 560 001
5. THE ASST. DIRECTOR OF LAND RECORDS
MINI VIDHANA SOUDHA
YELAHANKA, BENGALURU 560 064
...RESPONDENTS
(BY SRI.SESHU V., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R2 HEREIN TO SEND THE ENTIRE FILE IN CASE NO.
LND(A)04/2020, ANNEXURE-A PENDING ON THE FILE OF
ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-
DIVISION, BENGALURU, TO THE OFFICE OF THE R3 FOR THE
PURPOSE OF INITIATING WORK OF PHODY AND DURASTH IN
RESPECT OF THE PETITIONER LAND BEARING SURVEY
NO.13/P6, SITUATED AT THRABANAHALLI VILLAGE, JALA
HOBLI, YELAHANKA TALUK, BENGALURU 560064.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 718 of 2023
ORDER
R.DEVDAS J., (ORAL):
Learned High Court Government Pleader takes notice for all the respondents.
2. Learned Counsel for the petitioner submits that earlier the petitioner was before this Court in W.P.No.52113/2019, seeking a direction to the respondent-Tahsildar, Yalahanka Taluk and the Assistant Director of Land Records, Yalahanka Taluk (hereinafter referred to as 'the ADLR' for short) to consider the representation given by the petitioner for conducting phodi and durasth work in respect of Sy.No.13/P6, measuring 1 acre and 14 guntas of land in Tharabanahalli village, Jala Hobli, Yalahanka Hobli, Bangalore North Taluk. This Court by order dated 20th February, 2020, noticed that an appeal was filed before the Assistant Commissioner, at the hands of the Tahsildar calling in question the grant said to have been made in favour of the petitioner, since according to the Tahsildar, the grant was made in violation of the -4- WP No. 718 of 2023 provisions contained in Section 94-A, more particularly, the land was within the prohibited distance from the boundary of the BBMP and therefore land could not have been granted. This Court directed that the ADLR shall await the orders that could be passed by the Assistant Commissioner. If the Assistant Commissioner passes an order in favour of the petitioner, rejecting the appeal filed by the Tahsildar, then the ADLR was required to proceed to conduct phodi and durasth work.
3. Learned Counsel submits that the Assistant Commissioner passed an order on 24.05.2022 dismissing the appeal filed by the Tahsildar. Thereafter, the petitioner approached the ADLR and sought for phodi and durasth to be conducted in terms of the directions issued by this Court. However, at the instance of the ADLR, the Technical Assistant to the Deputy Commissioner and Ex- officio Deputy Director of Land Records made a communication dated 08.07.2022 at Annexure-A to the Assistant Commissioner, Bangalore North Sub-Division, requesting him to forward all the records that were lying -5- WP No. 718 of 2023 with the Assistant Commissioner during the proceedings initiated under Rule 108K to enable the ADLR to pass necessary orders regarding phodi and durasth.
4. Learned Counsel would further draws the attention of this Court to Annexure-F, which is a representation given by the petitioner on 15.11.2022 to the Assistant Commissioner, Bangalore North Sub- Division, requesting him to furnish a copy of the order passed by the Assistant Commissioner in the proceedings initiated under Rule 108K along with the directions issued by this Court to enable the ADLR to proceed with the phodi and durasth work.
5. Learned Counsel submits that inspite of such a request being made to the Assistant Commissioner, the Assistant Commissioner has not forwarded the requisite information and the original records and consequently, the ADLR is not in a position to conduct the phodi and durasth work.
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6. Having regard to the contentions raised in the writ petition and submissions made by the learned Counsel for the petitioner, this Court is of the considered opinion that the Assistant Commissioner, Bangalore North Sub-Division who conducted the proceedings in L.N.D.(A)4/2020 and passed orders is required to forward all the requisite information along with final orders dated 24.05.2022 to the ADLR, Yalahanka Taluk, to enable the ADLR to carry out the phodi and durasth work in terms of the directions earlier issued by this Court in W.P.No.52113/2019 dated 20th February, 2020.
7. Consequently, the writ petition stands disposed of with a specific direction to the Assistant Commissioner, Bangalore North Sub-Division to forward all the papers including the original records as noticed hereinabove to the ADLR, Yalahanka Taluk, as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a certified copy of this order. The ADLR, Yalahanka Taluk, shall thereafter proceed to conduct the phodi and durasth work in terms of the directions earlier -7- WP No. 718 of 2023 issued by this Court, as expeditiously as possible and at any rate within a period of two months from the date when the papers and the original records are received from the Assistant Commissioner.
Ordered accordingly.
Sd/-
JUDGE DL