Karnataka High Court
Shri N Jayaram vs The State Of Karnataka on 24 April, 2024
Author: R Devdas
Bench: R Devdas
-1-
NC: 2024:KHC:16515
WP No. 9374 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 9374 OF 2024 (KLR-RR/SUR)
BETWEEN:
SHRI.N.JAYARAM,
S/O LATE NAGAPPA,
AGED ABOUT 47 YEARS,
RESIDING AT MEDAHALLI VILLAGE,
BHIDARAHALLI HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 049.
...PETITIONER
(BY SRI. SHANKARAPPA G.S.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
Digitally VIDAHANA SOUDHA,
signed by JAI BENGALURU - 560 001,
JYOTHI J REP BY ITS SECRETARY.
Location:
High Court of 2. THE TAHASILDAR,
Karnataka BENGALURU EAST TALUK,
KRISHNARAJAPURAM,
BENGALURU - 560 036.
3. ADDITIONAL DIRECTOR OF
LAND RECORDS (ADLR),
BENGALURU EAST TALUK,
KRISHNARAJAPURAM,
BENGALURU - 560 036.
4. SRI. SHANKAR,
LICENSED SURVEYOR,
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NC: 2024:KHC:16515
WP No. 9374 of 2024
BENGALURU EAST TALUK,
KRISHNARAJAPURAM,
BENGALURU - 560 036.
5. SMT. G.RUKMINI,
W/O SRI.REDDY,
AGED ABOUT 45 YEARS,
RESIDING AT BEHIND VINAYAKA
TEMPLE, MEDAHALLI VILLAGE,
BHIDARAHALLI HOBLI,
BENGALURU EAST TALUK,
BENGALURU - 560 049.
...RESPONDENTS
(BY SRI.C.N.MAHADESHWARAN., AGA FOR R1 TO 4.)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF
CONSTITUITION OF INDIA, PRAYING TO ISSUE A WRIT OF
MANDAMUS OR ANY OTHER WRIT OR ORDER OR DIRECTION,
DIRECTING THE RESPONDENT NO.2 AND 3 TO CONSIDER
PETITIONER'S APPLICATION DATED 28.02.2024 WHICH IS
PRODUCED AT ANNEXURE-H AND FIX THE BOUNDARIES BY
CONDUCTING THE SURVEY OF LANDS BEARING SY NO.97/1,
98/2 AND 99/4 OF HIRANDAHALLI VILLAGE ALONG WITH
SY.NO.28/1 OF MEDAHALLI VILLAGE, BHIDARAHALLI HOBLI,
BENGALURU EAST TALUK AND ETC,.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is seeking a writ of mandamus directing the respondents Tahsildar, Bengaluru East Taluk and the Additional Director of Land Records, Bengaluru East Taluk to conduct Phodi and Durast in respect of Sy -3- NC: 2024:KHC:16515 WP No. 9374 of 2024 No.97/1, 98/2 and 99/4 situated at Hirandahalli Village along with the survey that is due to be conducted at the instance of respondent No.5, Smt.G.Rukmini who is the owner of Sy No.28/1 of Medahalli Village, which is a neighboring property of the lands in question, since the properties are situated at the boundaries of the two villages.
2. In the representation dated 28.02.2024 at Annexure - H the petitioner has requested the Additional Director of Land Records (ADLR) that in terms of an application filed by the 5th respondent, the Additional Director of Land Records (ADLR) has issued notice to the petitioner for conducting the survey. However, the petitioner is also seeking survey of the lands along with the 5th respondent.
3. When notice was issued to the 5th respondent and the petitioner was permitted to take out hand summons to the 5th respondent, and the same is served, the husband of the 5th respondent Sri.G. Janardhana Reddy is present -4- NC: 2024:KHC:16515 WP No. 9374 of 2024 before this Court. It is stated on behalf of the 5th respondent that the 5th respondent will have no objection to permit the Additional Director of Land Records (ADLR) to conduct the survey even in respect of the lands belonging to the petitioner.
4. Consequently, the writ petition stands disposed of with a direction to the 3rd respondent Additional Director of Land Records (ADLR), Bengaluru East Taluk to proceed to conduct the survey not only in respect of the land belonging to the 5th respondent in Sy No.28/1 of Medahalli Village, but also in respect of the land belonging to the petitioner in Sy Nos.97/1, 98/2 and 99/4 of Hirandahalli Village and pass necessary orders as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order.
Sd/-
JUDGE RMS List No.: 1 Sl No.: 33