Karnataka High Court
Smt Jayamma vs State Of Karnataka on 6 June, 2018
Author: G.Narendar
Bench: G.Narendar
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 06TH DAY OF JUNE, 2018
BEFORE
THE HON'BLE MR.JUSTICE G.NARENDAR
WRIT PETITION Nos.42398/2017 &
42683/2017 (KLR RES)
BETWEEN
1. SMT JAYAMMA
W/O M B RACHAPPAGOWDA,
AGE 62 YEARS, AGRICULTURIST,
R/O MUDAGALU MAJARE
ALUVALLI VILLAGE,
KEREHALLI HOBALI,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418.
2. PRAKASH H,
S/O HALAPPA GOWDA,
AGED 40 YEARS,
3. PRASANNA H,
S/O HALAPPA GOWDA,
AGED 31 YEARS,
THE PETITIONERS 2 AND 3 ARE
AGRICULTURISTS,
R/O ALAVALLI VILLAGE,
KEREHALLI HOBLI,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418.
4. KATEEL ASHOKAN,
S/O KUNJIKUTTI,
AGE 55 YEARS, AGRICULTURIST,
R/O. KEREHALLI VILLAGE,
KEREHALLI HOBLI,
2
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418.
5. M R SHASHIDHAR,
S/O M B RACHAPPA GOWDA,
AGED 43 YEARS, AGRICULTURIST,
R/O MUDAGALU MAJARE
ALUVALLI VILLAGE,
KEREHALLI HOBALI,
HOSANAGARA TALUK,
SHIVAMOGGA DISTRICT-577418. ... PETITIONERS
(BY SRI. MAHESH R UPPIN, ADV.)
AND
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BENGALURU-560001.
2. DEPUTY DIRECTOR OF LAND RECORDS,
TECHNICAL ASSISTANT TO
DEPUTY COMMISSIONER,
OFFICE OF THE
DEPUTY COMMISSIONER,
SHIVAMOGGA-577201.
3. ASSISTANT DIRECTOR OF
LAND RECORDS, &
TECHNICAL ASSISTANT TO
THE ASSISTANT COMMISSIONER,
OFFICE OF THE
ASSISTANT COMMISSIONER,
SAGAR-577401.
4. THE TAHASILDAR,
SAGAR TALUK,
SHIVAMOGGA DISTRICT-577401.
... RESPONDENTS
(BY SRI. R.B.SATHYANARAYANA SINGH, AGA FOR R1-R4)
3
THESE WPs ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENS TO EXECUTE THE WORK OF
PHODI AND DURAST IN RESPECT OF THE PORTIONS OF
THE AGRICULTURAL LANDS BEARING SY NO.115
SITUATED AT ALUVALLI VILLAGE, KEREHALLI HOBLI,
HOSANAGARA TALUK, SHIVAMOGGA DISTRICT AS PER
THE REPRESENTATIONS DTD:7.4.2017 MARKED AS
ANNEXURE-J, K, L, M, N ETC.
THESE WPs COMING ON FOR 'PRELIMINARY
HEARING IN 'B' GROUP' THIS DAY, THE COURT MADE
THE FOLLOWING:
ORDER
Heard the learned counsel for the petitioners and the learned AGA for the respondents.
2. Petitioners are seeking for issuance of a writ of mandamus directing the respondents to execute Phodi and Durasti work in respect of agricultural land bearing Sy.No.115, measuring different extents of lands in Kerehalli Hobli, Hosanagara Taluk, Shivamogga district.
3. Learned AGA appearing on behalf of the respondents places before the Court a communication dated 18.11.2017 addressed by the ADLR to the Tahsildar whereby the ADLR has been pleased to call upon the 4th 4 respondent to furnish the originals of the documents to enable the third respondent to complete the Phodi and Durasti work.
4. Learned AGA on instructions submits that the original records pertaining to the said survey number are not available and that the petitioners may be directed to furnish the original of grant certificate, to enable the Tahsildar to forward the same to third respondent in order to complete the process.
5. The learned counsel for the petitioner would submit that the petitioners would furnish the original of the grant certificate and such other documents that are in their possession.
6. Submissions of learned counsel for both the parties is placed on record.
7. The writ petition is disposed of with a direction to the 4th respondent-Tahsildar ascertain the title/grant of land in favour of the petitioner and to expedite Phodi and Durasti work in respect of Sy.No.115 situated at Aluvalli Village, Kerehalli Hobli, Hosanagara Taluk, Shivamogga District. The petitioners shall furnish the original of the 5 grant certificate and copies of such other documents in their possession along with a certified copy of this order. In the event such documents are placed, respondents 3 and 4 shall complete the Durasti and Phodi work of the said land within an outer limit of six months from the date of receipt of a certified copy of this order.
The writ petition stands disposed in the above terms.
Sd/-
JUDGE Sk/-
CT-HR