M/S. Affinity Real Estate Private ... vs The Deputy Commissioner on 19 September, 2022

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Karnataka High Court

M/S. Affinity Real Estate Private ... vs The Deputy Commissioner on 19 September, 2022

Bench: R Devdas

                           -1-




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 19TH DAY OF SEPTEMBER, 2022

                        BEFORE

         THE HON'BLE MR. JUSTICE R DEVDAS

     WRIT PETITION NO. 19997 OF 2019 (KLR-RES)

BETWEEN:

M/s. AFFINITY REAL ESTATE PRIVATE LIMITED
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF COMPANIES ACT 1956,
HAVING ITS REGISTERED OFFICE AT NO 12,
2ND FLOOR, 1ST MAIN ROAD,
JAYAMAHAL EXTENSION,
BANGALORE - 560046
REP. BY ITS DIRECTOR AND AUTHORISED
SIGNATORY SRI KEVAL KUMAR SHAH
                                            ...PETITIONER
(BY SRI. SUBRAMANYA S. UPASANA ASSTS., ADVOCATE)

AND:

1.      THE DEPUTY COMMISSIONER
        DEPUTY COMMISSIONER'S COMPOUND
        BEERASANDRA VILLAGE,
        KUNDANA HOBLI,
        DEVANAHALLI TALUK,
        BANGALORE RURAL DISTRICT - 562110


2.      THE ASSISTANT COMMISSIONER
        DODDABALLAPUR SUB DIVISION
        DODDABALLAPUR - 561203


3.      THE TAHASILDAR
        DEVANAHALLI TALUK
        DEVANAHALLI - 562 110
                            -2-




4.    THE DEPUTY DIRECTOR
      OF LAND RECORDS
      DEPUTY COMMISSIONER'S COMPOUND,
      BEERASANDRA VILLAGE,
      KUNDANAHOBLI, DEVANAHALLI TALUK
      BANGALORE RURAL DISTRICT - 562 110


5.    THE ASSISTANT DIRECTOR
      OF LAND RECORDS
      DEVANAHALLI TALUK
      MINI VIDHANA SOUDHA
      DEVANAHALLI - 562 110


6.    THE PUBLIC RELATION OFFICER
      AND SUPERINTENDENT OF
      LAND RECORDS
      OFFICE OF THE ASSISTANT DIRECTOR
      OF LAND RECORDS, MINI VIDHANA SOUDHA
      DEVANAHALLI TALUK- 562110.
                                         ...RESPONDENTS
(BY SRI. MADESHWARAN C.N., AGA)


     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE RESPONDENTS TO CONDUCT PHODE AND DHURASTH
OF THE LAND BEARING SY.NO.46/P15 OF ILTHORE VILLAGE,
KUNDANA      HOBLI,   DEVANAHALLI   TALUK,   BANGALORE
DISTRICT WITHIN THE TIME FRAME FIXED BY THIS HON'BLE
COURT AND ETC.,


     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN B-GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
                                 -3-




                            ORDER

R.DEVDAS J., (ORAL):

The prayer in this writ petition is to direct the respondents to conduct phodi and durasth of land bearing Sy.No.46/P15 measuring 4 acres and land bearing Sy.No.47/P18 measuring 3 acres and 30 guntas both situated at Iluthore village, Kundana Hobli, Devanahalli Taluk, Bangalore Rural District.

2. On an earlier occasion the petitioner was before this Court in W.P.No.39693/2010 (KLR-RES) seeking similar relief. This Court by order dated 14.10.2011 directed the respondent No.3-Tahsildar, Devanalli Taluk to carry out the sub-division survey in respect of the lands in question by considering the representations given by the petitioner and further the petitioner was also directed to produce the necessary documents before the Tahsildar. However, till date, no action was taken by the revenue authorities.

3. Learned Additional Government Advocate however submits that an application for Phodi and Durasth work is -4- required to be made online and therefore, the petitioner may be directed to file an application online.

4. Recording the submission of the learned Additional Government Advocate, this writ petition stands disposed of granting liberty to the petitioner to file an application online to the respondent-Tahsildar and the respondent-Tahsildar is also directed to consider the application which would be filed by the petitioner and do the needful as expeditiously as possible, at any rate within a period of two months from the date of receipt of the application.

Ordered accordingly.

Sd/-

JUDGE DL

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