Karnataka High Court
Satyamurthy Sivalenka S/O S Ramalingam vs The State Of Karnataka And Ors on 14 November, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC-K:8574
WP No. 200030 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO.200030 OF 2023 (KLR-RR/SUR)
BETWEEN:
SATYAMURTHY SIVALENKA
S/O S. RAMALINGAM,
AGE: 54 YEARS,
OCC: AGRICULTURE,
R/O PLOT NO.54, 55, A. G. ARCADE,
BALAJI CO-OPERATIVE HOUSING SOCIETY,
TRANSPORT ROAD, SECUNDRABAD,
TELANGANA - 500 003.
...PETITIONER
(BY SRI. SACHIN M. MAHAJAN, ADVOCATE)
Digitally signed AND:
by SUMITRA
SHERIGAR 1. THE STATE OF KARNATAKA,
Location: High
Court Of REPTD. BY ITS SECRETARY,
Karnataka DEPARTMENT OF REVENUE,
VIDHAN SOUDHA,
BANGALORE- 560 009.
2. THE REGIONAL JOINT DIRECTOR OF
LAND RECORDS, KALABURAGI,
CAMP AT: BIDAR,
OFFICE OF DEPUTY COMMISSIONER,
BIDAR - 585 401.
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NC: 2024:KHC-K:8574
WP No. 200030 of 2023
3. THE DEPUTY COMMISSIONER,
BIDAR - 585 401.
4. THE DEPUTY DIRECTOR OF LAND RECORDS,
BIDAR - 585 401.
5. THE ASST. DIRECTOR OF LAND RECORDS
AND TECHNICAL ASSISTANT TO TAHASILDAR,
HUMNABAD, DIST: BIDAR - 585 330.
...RESPONDENTS
(BY SRI. G. B. YADAV, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF
THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR
ORDER OR DIRECTION IN THE NATURE OF CERTIORARI AND
QUASH THE IMPUGNED ORDER DATED 31.03.2022 PASSED BY
THE REGIONAL JOINT DIRECTOR OF LAND RECORDS,
KALABURAGI, CAMP AT BIDAR - RESPONDENT NO.2 HEREIN
SAM/ PRA BHOO JAM NI/ REVISION/ 168/ 2021-22 (NEW
NUMBER) SAM/ TANTRIKA/ REVISION/ 04/ 2020-21 (OLD
NUMBER) VIDE ANNEXURE-P; AND ISSUE ANY SUCH WRIT OR
ORDER OR DIRECTION AS THIS HON'BLE COURT MAY DEEM
FIT TO ISSUE, IN THE FACTS AND CIRCUMSTANCES OF THE
CASE.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR) In this petition, the petitioner seeks the following reliefs:
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NC: 2024:KHC-K:8574 WP No. 200030 of 2023 "i) Issue a writ or order or direction in the nature of certiorari and quash the impugned order dated 31.03.2022 passed by the Regional Joint Director of Land Records, Kalaburagi, Camp at Bidar - respondent No.2 herein Sam/ Pra Bhoo Jam NI/ Revision/ 168/ 2021-22 (new number) Sam/ Tantrika/ Revision/ 04/ 2020-21 (old number) vide Annexure-P, in the interest of justice.
ii) Issue any such writ or order or direction as this Hon'ble court may deem fit to issue, in the facts and circumstances of the case, in the ends of justice."
2. Heard the learned counsel for the petitioner and learned High Court Government Pleader for the respondents and perused the material on record.
3. A perusal of the material on record will indicate that, the request of the petitioner to prepare tippani in relation to the subject land bearing Sy.No.203 (Old) No.593 (new) measuring 04 acres 34 guntas situated at Nirna village, Chitguppa Taluk, Bidar District having been rejected by respondent No.5-ADLR, the petitioner filed a revision petition vide Annexure-N on 14.10.2020 before -4- NC: 2024:KHC-K:8574 WP No. 200030 of 2023 the 3rd respondent - Deputy Commissioner, who in turn transferred the same to the 2nd respondent - JDLR and culminated in the impugned order at Annexure-P dated 31.03.2022, which is assailed in the present petition.
4. Learned counsel for the petitioner submits that before passing the impugned order or rejecting the request of the petitioner, the respondents did not conduct any survey of the subject land and hence, the order may be set aside and the respondents may be directed to conduct joint survey/inspection, pursuant to which to prepare the survey records and issue tippani in favour of the petitioner.
5. Per contra, learned High Court Government Pleader for the respondents submits that there is no merit in the petition and that the same is liable to be dismissed.
6. As rightly contended by the learned counsel for the petitioner, respondent No.2-JDLR has failed to consider and appreciate the request made by the petitioner to prepare a fresh tippani in respect of the -5- NC: 2024:KHC-K:8574 WP No. 200030 of 2023 subject land, as can be seen from the memorandum of revision petition filed by the petitioner.
7. Under these circumstances, I deem it just and appropriate to dispose of this petition, setting aside the impugned order at Annexure-P dated 31.03.2022 and directing the concerned respondents to issue notice to the petitioner and conduct joint inspection of the subject land in the presence of the petitioner and thereafter prepare survey records and issue a tippani in favour of the petitioner as expeditiously as possible.
8. With the aforesaid direction, the petition stands disposed of.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE LG List No.: 1 Sl No.: 49