Karnataka High Court
Smt.T.P.Jayalaksmamma vs The State Of Karnataka on 10 February, 2023
Author: R Devdas
Bench: R Devdas
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WP No. 1599 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 1599 OF 2023 (KLR-RES)
BETWEEN:
SMT.T.P.JAYALAKSMAMMA
W/O G K HANUMANTAHAIH
AGED ABOUT 69 YEARS
R/AT NO.160 RAJANAKUNTE VILLAGE
YELLAHANKA TALUK
BENGALURU NORTH
BENGALURU-560064.
...PETITIONER
(BY SRI. KIRAN KUMAR T L., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
Digitally REVENUE DEPARTMENT
signed by M S BUILDING
JUANITA
THEJESWINI DR B R AMBEDKAR ROAD
Location:
HIGH BENGALURU-560001
COURT OF
KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
KANDAYA BHAVAN
BENGALURU-560009.
3. THE DEPUTY DIRECTOR OF LAND RECORDS
AND TECHNICAL ASSISTANT DIRECTOR
TO DEPUTY COMMISSIONER
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WP No. 1599 of 2023
BENGALURU URBAN DISTRICT
BENGALURU-560001.
4. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB-DIVISION
KANDAYA BHAVAN
BENGALURU-560009.
5. THE ASSISTANT DIRECTOR
OF LAND RECORDS
YELAHANKA TALUK
BENGALURU DISTRICT
BENGALURU-560064.
6. THE TAHSILDAR
YELAHANKA TALUK
BENGALURU DISTRICT
BENGALURU-560064.
...RESPONDENTS
(BY SRI. C.N. MAHADESWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT
THE R5 AND 6 TO CONSIDER THE REPRESENTATIONS DTD
13.05.2022 AND 29.06.2022 WHICH ARE PRODUCED
HEREWITH AS ANNEXURES-N AND P, FOR CONDUCTING PHODI
AND DURASTH FOR LAND MEASURING 2 ACRES 12 GUNTAS IN
SY.NO.7 SITUATED AT CHOKANAHALLI VILLAGE, HESARGATTA
HOBLI, YELAHANKA TALUK BENGALURU NORTH, BENGALURU
AND LAND MEASURING 0.28 GUNTAS IN SY.NO.8 SITUATED AT
CHOKANAHALLI VILLAGE, HESARGATTA HOBLI, YELAHANKA
TALUK BENGALURU NORTH BENGALURU.
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
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WP No. 1599 of 2023
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for all the respondents.
2. Learned Counsel for the petitioner submits that the petitioner's father-Sri.T.Puttanarasaiah was granted 2 acres and 12 guntas of land in Sy.No.7 and another piece of land measuring 8 guntas in Sy.No.8, both situated at Chokkanahalli village, Hesaraghatta Hobli, Yalahanka, Bangalore North Taluk, in terms of the order bearing No.LND/RU/CR/1289/1991-92. Saguvali chits were also issued in favour of the petitioner's father on 30.12.1994. The name of the petitioner's father was entered in the land records. The petitioner's father died on 17.02.1999 and thereafter, the entries were changed in the name of the petitioner in terms of M.R.No.12/2000-01 and M.R.No.T.13/2022-23. Learned Counsel for the petitioner submits that the petitioner has filed an application seeking phodi and durast at the hands of the revenue authorities. -4- WP No. 1599 of 2023
3. Learned Counsel for the petitioner submits that the Tahsildar has made some progress as could be seen from the communication dated 20.07.2022 made by the Deputy Tahsildar to Tahsildar, Yalahanka Taluk. It is clear that the file has been forwarded to the Assistant Director of Land Records (hereinafter referred to as 'the ADLR', for short) for further action. However, the ADLR has not proceeded although the file was sent to him in the month of July, 2022. Learned Counsel submits that the petitioner has also given a representation to the concerned ADLR on 13.05.2022 and yet no progress is made by the ADLR. Learned Counsel further submits that a direction may be issued to respondent No.3-the Deputy Director of Land Records (hereinafter referred to as 'the DDLR', for short) and respondent No.5-ADLR to consider the representation made by the petitioner for conducting phodi and durasth.
4. Having regard to the prayer made in the writ petition and the contentions raised at the hands of the learned Counsel for the petitioner, this Court is of the -5- WP No. 1599 of 2023 considered opinion that the respondent survey-authorities i.e., DDLR and ADLR are duty bound to conduct the phodi and durasth and conclude the proceedings within a time frame.
5. Consequently, the writ petitions stands disposed of with a specific direction to respondents No.3 and 5, i.e., DDLR and ADLR, Yalahanka Taluk to process the application filed by the petitioner which was forwarded by the Tahsildar during the month of July, 2022, issue notice to all the neighboring land owners and conduct the phodi and durasth as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order.
Ordered accordingly.
6. Learned Additional Government Advocate is permitted to file Memo of Appearance within a period of four weeks from today.
Sd/-
JUDGE DL