Karnataka High Court
Lrde Employees Housing vs The State Of Karnataka on 16 March, 2020
Equivalent citations: AIRONLINE 2020 KAR 2387
Author: B.Veerappa
Bench: B. Veerappa
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF MARCH, 2020
BEFORE
THE HON'BLE MR.JUSTICE B. VEERAPPA
WRIT PETITION No.5973/2020 (KLR-RR/SUR)
BETWEEN :
LRDE EMPLOYEES HOUSING
CO-OPERATIVE SOCIETY LTD (REG)
RGD NO. (JRB/CRD/REGN/22/4899/8283)
HAVING ITS OFFICE AT LRDE CAMPUS
MINISTRY OF DEFENCE
DRDO COMLPLEX, C.V. RAMAN NAGAR
POST, BANGALORE-560 093
REPRESENTED BY ITS SECRETARY
SRI. K. VASUDEV ...PETITIONER
(BY SHRI. M. SREENIVASA, ADVOCATE)
AND :
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S. BUILDING
VIDHANA SOUDHA
BANGALORE 560 001
REP. BY ITS PRINCIPAL SECRETARY
2. THE COMMISSIONER
DEPARTMENT OF SURVEY
& LAND RECORDS
K.R.CIRCLE, BANGALORE-560 001
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3. THE DEPUTY COMMISSIONER
BANGALORE DISTRICT
KANDHAYA BHAVAN
K.R. ROAD
BANGALORE-560 009
4. THE DEPUTY DIRECTOR OF
LAND RECORDS
BANGALORE DISTRICT
KANDHAYA BHAVAN
K.R.ROAD
BANGALORE 560 009
5. THE ASSISTANT DIRECTOR OF
LAND RECORDS,
ANEKAL TALUK, ANEKAL,
BANGALORE DISTRICT
BANGALORE-562 106
6. THE TAHASILDAR
ANEKAL TALUK
ANEKAL, BANGALORE DISTRICT
BANGALORE-562 106 ... RESPONDENTS
(BY SHRI. Y.D. HARSHA, AGA)
....
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 AND 6
TO CONSIDER THE REPRESENTATIONS ANNX-A DATED 13.5.2019
AND TO CHANGE THE MUTATION AND RTC ENTRIES IN THE NAME OF
THE PETITIONER IN RESPECT OF SCHEDULE A THE LAND BEARING
SY.NO.146/1, 146/2, 146/3, 147/2. 143/2 (143/4), 143/1, 143/2,
143/3, 146/3 AND 142/4 IN ALL MEASURING 26 ACRES 28.1/2
GUNTAS RESPECTIVELY SITUATED AT MUGALURU VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
Shri. Y.D. Harsha, learned Additional Government Advocate is directed to take notice for respondents.
2. The petitioner has sought for writ of mandamus directing respondents No. 3 and 6 to consider the representation at Annexure-A dated 13.05.2019 and to change the Mutation and RTC entries in the name of the petitioner in respect of properties mentioned in Schedule-A to the writ petition and writ of mandamus directing respondents No. 4 and 5 to consider the representation at Annexure-B dated 03.07.2019 and to conduct phodi, durasthi and to demarcate the boundaries in respect of property mentioned in Schedule-B to the writ petition.
3. It is the case of the petitioner that on 16.07.2019 and onwards, the petitioner purchased various items of converted lands from the owners, for the purpose of formation of residential layout at Muguluru village, 4 Sarjapura Hobli, Anekal Taluk. Accordingly, the Anekal Planning Authority sanctioned the layout plan on 27.07.2009. On 12.02.2014, the petitioner released the sites and executed Relinquishment deed, handing over CA, parks, playgrounds, roads etc. in favour of the Planning Authority. The petitioner made a representation dated 13.05.2019 to respondent No.6 requesting to change the mutation and RTC in the name of petitioner on the basis of registered sale deeds/documents. The petitioner also made a representation dated 03.07.2019 requesting respondent No.5 to conduct phodi durasthi in respect of land bearing Sy. No.147/2 and to demarcate the boundaries as per the registered documents. In spite of the representations made, respondents No.3 to 6 have neither considered the representations nor passed any orders. Therefore, petitioner has filed this writ petition for the relief sought for.
4. I have heard the learned counsel appearing for the parties.
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5. Shri. M.Sreenivasa, learned counsel for the petitioner contended that respondents No. 3 to 6 have not considered the representations as per Annexures - A and B and have not taken any action to conduct phodi durasthi and to demarcate the land in spite of submitting the registered documents. It is the duty of the respondents to consider the representation and pass appropriate orders. The same has not been done. The petitioner is forced to file this writ petition for the relief sought for unnecessarily. Therefore, he sought to allow the writ petition.
6. Per contra, Shri.Harsha, learned AGA, on taking notice for the respondents, on instructions, submits that respondents No. 3 to 6 will consider the representation of petitioners as per Annexures - A and B and pass appropriate orders within a period of twelve weeks. His submission is placed on record.
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7. In view of the fair submission made by learned AGA, it is suffice to issue direction, directing the respondents No.3 to 6 to consider petitioner's representations dated 13.05.2019 and 03.07.2019 as per Annexures - A and B respectively, for change of mutation entries and to conduct survey, phodi durasthi and demarcate the boundaries in respect of Schedule 'A' & 'B' properties to the writ petition and pass appropriate orders in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order, without giving any room for contempt.
Writ petition is accordingly disposed off.
Sd/-
JUDGE SPS