M Ravindra Prasad vs The Deputy Commissioner on 30 September, 2013

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Karnataka High Court

M Ravindra Prasad vs The Deputy Commissioner on 30 September, 2013

Bench: B Manohar

                              1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE


 DATED THIS THE 30TH DAY OF SEPTEMBER, 2013

                           BEFORE

         THE HON'BLE MR. JUSTICE B MANOHAR

             W P No.10855/2012 (KLR - RES)
Between:

M Ravindra Prasad
s/o.late M S Mariyappa
aged about 55 years
Amrutheshwaranahalli Colony
Gowdageri Post, Kasaba Hobli
Malavalli Taluk, Mandya District.          .....Petitioner

(By Sri K L Ramesh, Adv.)

And:

1.      The Deputy Commissioner,
        Mandya District, Mandya.

2.      The Tahsildar
        Malavalli Taluk
        Malavalli
        Mandya District.                 ...Respondents

(By Sri Ramachandra R Naik, HCGP)

      This Writ Petition is filed under Articles 226 and
227 of the Constitution of India, praying to consider the
representation dated 18.1.2012 vide Annexure-E is
submitted to the 1st and 2nd respondents for durasth
and sketch of the land bearing Sy.No.158 situated at
Amrutheshwaranahalli and land bearing Sy.No.34
situated at Gowdagere village of Malavalli Taluk, Mysore
District belonging to the petitioner.
                                 2




     This W.P. coming on for preliminary hearing in 'B'
group this day, the Court made the following:-

                          ORDER

The petitioner in this writ petition is seeking for writ of mandamus directing the respondents to consider representation vide Annexure-E and effect durasth and phody of land bearing Sy.No.158 situated at Amrutheshwaranahalli and land bearing Sy.No.34 situated at Gowdagere village of Malavalli Taluk, Mandya District.

2. The grievance of the petitioner in this writ petition is that land bearing Sy.No.158 situated at Amrutheshwaranahalli and land bearing Sy.No.34 situated at Gowdagere village of Malavalli Taluk, Mandya District in all measuring 21 acres 6 guntas were granted in favour of the father of the petitioner as per government grant dated 30.3.1961. In the family partition, the land was allotted to the share of petitioner. The petitioner made an application before the Government Authorities for the purpose of pucca phodi and durasth to an extent of 4 acres 4 guntas of 3 land. In spite of repeated representations, the Government Authorities have not taken any action. In view of that, the present writ petition has been filed seeking for a direction to the respondents to consider the representations and to conduct pucca phodi and durasthu of the land.

3. Sri Ramachandra R Naik, learned HCGP appearing for the respondents submits that if the petitioner furnishes necessary documents, the government Authorities will consider the same. In the absence of necessary documents, the representations of the petitioner cannot be considered.

4. The records clearly disclose that the petitioner made a representation for pucca phodi, durasth and sketch in the year 2010 itself. The claim of the petitioner is that on the basis of the family partition, he got the land. He made an application before the competent Authorities for pucca phodi, durasthu and sketch. The said representation has not been considered. The records produced by the 4 petitioner further disclose that in the mutation entry, the name of petitioner has been shown in respect of the item, which was granted in the family partition. Once the person makes an application before the competent Authorities to make phody of land, the government Authorities have to consider the same. Accordingly, I pass the following:

ORDER The writ petition stands disposed of with a direction to the respondents to consider the representations of the petitioner and take appropriate action in accordance with law as expeditiously as possible, not later than six months from the date of receipt of a copy of this order.

Sd/-

JUDGE Bkm.

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