Karnataka High Court
Smt A K Geetha Kumari vs The State Of Karnataka on 23 March, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 22088 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 22088 OF 2022 (KLR-RR/SUR)
BETWEEN:
SMT. A K GEETHA KUMARI
W/O K J RAMAKRISHNE GOWDA
AGED ABOUT 52 YEARS
R/AT VIDYANAGAR
OPPOSITE TO MINI VIDHANA SOUDHA
H D KOTE TOWN, MYSURU DISTRICT.
...PETITIONER
(BY SRI. KUMAR J C, ADV.)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
M S BUILDING, BENGALURU - 560001
REP. BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER
Digitally signed
by MYSURU DISTRICT, MYSURU - 570001.
MARIGANGAIAH
PREMAKUMARI
Location: High 3. THE DEPUTY DIRECTOR OF
Court of
Karnataka LAND RECORDS TECHNICAL ASSISTANT
TO THE DEPUTY COMMISSIONER AND
EX- OFFICIO DEPUTY DIRECTOR
MYSURU DISTRICT, MYSURU.
4. THE ASSISTANT COMMISSIONER
MYSURU SUB-DIVISION
HUNSUR -571105.
5. THE ASSISTANT DIRECTOR
OF LAND RECORDS
HUNSUR -571105.
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WP No. 22088 of 2022
6. THE TAHASILDAR
HUNSUR TALUK
HUNSUR - 571105.
...RESPONDENTS
(BY SRI V SESHU, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT IN
NO.AE.VYA.KO.DHURASTHHI (B) C.R.24/2022-23 DATED
21.07.2022 AS PER ANNEXURE -A ISSUED BY THE 6TH
RESPONDENT IN RESPECT OF THE LAND BEARING
SY.NO.1/13B MEASURING AN EXTENT 4 ACRES 12 GUNTAS
SITUATED AT DAITHANAKERE KAVAL VILLAGE, BILIKERE
HOBLI, HUNSURU TALUK, MYSURU DISTRICT VIDE ANNEXURE-
A AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Though the matter is listed for preliminary hearing, with the consent of the learned counsel for the parties, the matter is taken up for final disposal.
Heard learned counsel Sri.J.C.Kumar for petitioner and learned High Court Government Pleader Sri.V.Seshu for respondents. Perused the writ petition papers.
2. Learned counsel for the petitioner would submit that petitioner's application for Phodi and Dhurasth work of -3- WP No. 22088 of 2022 land in Sy.No.1/13B measuring 4 acres 12 guntas situated at Daithanakere Kaval village, Bilikere Hobli, Hunsuru Taluk, Mysuru District is deferred under Annexure-A awaiting direction from the Higher Officers. Learned counsel for the petitioner would submit that there is no valid reason for deferring Phodi and Dhurasth work of the land in question. Further, he submits that Phodi and Dhurasth work of land in Sy.Nos.1/6, 1/7, 1/8, 1/9, 1/10, and 1/11 was considered and accordingly, katha has been transferred in their favour. It is submitted that only in respect of petitioner, the respondents have refused to conduct Phodi and Dhurasth work.
3. This Court, by order dated 14.03.2023 directed the concerned Officer to file an affidavit with reference to the averment made in paragraphs 8 and 14 of the writ petition.
4. The affidavit of the Tahsildar of Hunsur Taluk dated 21.03.2023 is filed wherein it is stated that Phodi and Dhurasth work relating to survey numbers stated above -4- WP No. 22088 of 2022 had taken place in the year 2007-08 and thereafter no Phodi or Dhurasth work was taken in respect of the survey numbers in question, since it was found that it is "Aramane Kavalu" land. However, at paragraph 10 of the affidavit, it is stated as follows:
"I state that in pursuance to the said request of the Petitioner herein the said phodi and dhurasth work needs to be conducted by the Assistant Director of Land Records after Assistant Commissioner passed an order of fixing the revenue (Akara) to the said land. Hence, I request this Hon'ble Court to grant us six months time for conducting the phodi and dhurasth work for the Petitioner land as total extent of land in survey No.1 consists of 1653 Acres and 15 guntas in which Column No.3 and 9 mismatch needs to be corrected for RTC incorporation."-5-
WP No. 22088 of 2022
It is to be noted that under Annexure-A endorsement dated 21.07.2022, the petitioner's request for Phodi and Dhurasth work was not refused nor rejected. But, petitioner's request is deferred. However, at paragraph 10 of the affidavit referred to above, the authorities have sought six months time to conduct Phodi and Dhurasth work in respect of petitioner's land.
5. The affidavit of the Tahsildar is taken on record. Accordingly, the writ petition is disposed of with the following direction:
Respondent Nos.5 and 6 are granted six months time to conduct Phodi and Dhurasth work of petitioner's land in Sy.No.1/13B measuring 4 acres 12 guntas situated at Daithanakere Kaval village, Bilikere Hobli, Hunsuru Taluk, Mysuru District.
SD/-
JUDGE MPK CT:bms List No.: 1 Sl No.: 13