N Shivakumar vs State Of Karnataka on 21 July, 2017

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Karnataka High Court

N Shivakumar vs State Of Karnataka on 21 July, 2017

Bench: B.S. Patil

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 21ST DAY OF JULY, 2017

                           BEFORE

         THE HON'BLE MR.JUSTICE B.S. PATIL

     WRIT PETITION NO.32245 OF 2017 (KLR - RES)

BETWEEN:

N. SHIVAKUMAR
S/O NARAYANASWAMY
AGED ABOUT 54 YEARS
NO.5, BASAPPA LAYOUT
NAGASHETTY HALLI
BANGALORE - 94
                                                   ...PETITIONER
(BY SRI. PRUTHVI WODEYAR, ADV.,)

AND:

1.     STATE OF KARNATAKA
       DEPARTMENT OF
       REVENUE *
       M.S.BUILDING
       BANGALORE - 560 001
       BY ITS CHIEF SECRETARY

2.     DEPUTY COMMISSIONER
       BANGALORE NORTH
       BANGALORE - 01

3.     ASSISTANT COMMISSIONER
       BANGALORE NORTH SUB - DIVISION
       BANGALORE - 01

          * Corrected vide Court Order dated 30.08.2017
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4.   TAHSILDAR
     BENGALURU NORTH *ADDL. TALUK, *YELAHANKA,
     BENGALURU - 01
                                ...RESPONDENTS
(BY SMT.PRAMODHINI KISHAN, AGA)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE R-4 TO INCORPORATE NEW SY.NOS.141 TO
153, 157, 159 TO 162 TO OLD SY.NO.172, NEW SY.NOS.
142, 158 TO OLD SY.NO.72 AND NEW SY.NOS.154, 155
AND 156 TO OLD SY.NO.127 BY CONDUCTING PHODI
WORK BY IMPLEMENTING OF THE ORDER DATED
25.09.2008 VIDE ANNEXURE - A PASSED BY THE R-3.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
                         ORDER

In this Writ Petition, petitioner is seeking a writ of mandamus against the 4th respondent-Tahsildar Bangalore North Taluk to incorporate new survey numbers i.e., Sy.Nos.141-153, 157, 159-162 to old Sy.No.72, new Sy.No.142, 158 to old Sy.No.73 and new Sy.Nos.154, 155 and 156 to old Sy.No.127 by conducting phodi work pursuant to the direction issued in this regard and order passed on 25.09.2008 in Case No.RRT/BNA/CR/274/2008-09 by the 3rd respondent-

* Corrected vide Court Order dated 30.08.2017 3 Assistant Commissioner, Bangalore North Sub-division, Bangalore.

2. Petitioner claims to be the owner in possession of 1 acre 20 guntas of land in Sy.No.73/P9 and 6 acres 9 guntas of land in Sy.No.118 carved out in Sy.No.73 situated at Huttanahalli Village, Jala Hobli, Bangalore North Taluk, Bangalore District. It is his case that the said lands have come to him in a family arrangement and also by way of purchase made from third parties. Some portions of lands comprised in old Sy.Nos.72, 73 and 127 have been granted in favour of several persons while retaining certain portion as gomaal. As revenue authorities failed to take steps to effect phodi and make aakar bandh durasth in respect of the properties, there was an attempt made to encroach upon the gomaal land. At that stage, some of the grantees approached the Assistant Commissioner, Bangalore North Sub-division requesting him to 4 correlate and effect phodi of the existing Sy.Nos.140- 162 with the lands in Sy.Nos.72, 73 and 127 as originally assigned.

3. The Assistant Commissioner passed an order on 25.09.2008 as per Annexure-A after verifying various records and after hearing the interested persons including several grantees. He directed the Tahsildar Bangalore North Taluk to effect phodi and carry out measurement and demarcation of the lands in Sy.Nos.140-162 keeping in mind the revenue documents and correlate them with Sy.Nos.72, 73 and

127.

4. According to the petitioner as he is one of the grantees and person in possession and ownership of part of the land comprised in old Sy.No.73, if the order of the Assistant Commissioner is implemented, it will demarcate the boundaries of the land of the petitioner and as also the similarly placed grantees: that there 5 would not be any confusion with regard to the identification of the specified land granted to different grantees and as also the land that has been retained by the government as gomaal. Petitioner has, therefore, approached this Court seeking a direction to the Tahsildar to carryout the phodi work and implement the direction issued by the Assistant Commissioner

5. Learned AGA was directed to take notice and secure instructions. It is her contention that there was no difficulty for the Tahsildar to carry out phodi work and complete the task as directed by the Assistant Commissioner. She, however, contends that petitioner has no right to maintain the Writ Petition. It is her contention that the petitioner was not one of the parties to the proceedings in Annexure-A.

6. As already pointed out earlier, petitioner is the owner in possession of 1 acre 20 guntas of land comprised in Sy.No.73/P9. This is evident from RTC 6 records produced at Annexure-C. Therefore, it cannot be said that petitioner is not interested in the matter. Indeed counsel for the petitioner is right and justified in bringing to the notice of the Court that in case proper phodi and measurement were to be carried out by correlating the old survey numbers with the new ones, it will enable the petitioner and similarly placed grantees to enjoy their lands effectively without any confusion regarding its identification.

7. In the light of the above, I am of the view that petitioner is entitled to succeed in the Writ Petition. A direction is issued to the Tahsildar, Bengaluru North Taluk, Bengaluru-4th respondent to carry out phodi so as to effect actual measurement and division of lands allotted to different grantees including the petitioner and to correlate the old Sy.Nos.72, 73 and 127 with new Sy.Nos.142-162 as directed by the Assistant Commissioner vide his order dated 25.09.2008 - 7 Annexure-A by implementing the same within eight months from the date of receipt of copy of this order. Accordingly, Writ Petition is allowed.

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