Karnataka High Court
Sri K Srinivasamurthy vs The Thasildar on 24 March, 2023
Author: S.G.Pandit
Bench: S.G.Pandit
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WP No. 6202 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 6202 OF 2023 (KLR-RES)
BETWEEN:
SRI K SRINIVASAMURTHY
S/O KALEGOWDA,
AGED ABOUT 58 YEARS,
R/A NO 77, 3RD STAGE,
1ST BLOCK, MARUTHI LAYOUT,
BASAVESHWARANAGAR,
BENGALURU-560079.
...PETITIONER
(BY SRI R HEMANTH RAJ, ADV.)
AND:
1. THE THASILDAR
BENGALURU NORTH TALUK,
K G ROAD,
Digitally signed KANDHYA BHAVANA,
by
MARIGANGAIAH BENGALURU 560009.
PREMAKUMARI
Location: High
Court of 2. ASSISTANT DIRECTOR OF LAND RECORDS
Karnataka BENGALURU NORTH TALUK,
K G ROAD,
KANDHYA BHAVANA,
BENGALURU -560009.
3. THE TECHNICAL ASSISTANT AND
DEPUTY DIRECTOR OF LAND RECORDS
VISVESVARAYA TOWER,
BENGALURU-560001.
4. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB DIVISION,
K G ROAD,
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WP No. 6202 of 2023
KANDHYA BHAVANA,
BENGALURU-560009.
5. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
K G ROAD,
BEHIND KANDHYA BHAVANA,
BENGALURU -560009.
6. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
VIKASASOUDHA,
AMBEDKAR VEEDHI,
BENGALURU -560001.
...RESPONDENTS
(BY SRI SHOWRI H.R., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE
R-1 TO 3 DO THE IMPLEMENTATION WORK OF PHODI DURASTHI
AND HADHBASTH WORK TO THE PETITIONER LAND MEASURING 12
ACRES IN SURVEY NO.159 OF KADABAGERE VILLAGE, DASANAPURA
HOBLI BENGALURU TALUK, BENGALURU URBAN DISTRICT AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the matter is listed for Preliminary Hearing, with the consent of learned counsel for the parties, matter is taken up for final disposal.
2. Heard the learned counsel Sri.R.Hemanth Raj for petitioner and learned Additional Government Advocate Sri.H.R.Showri for respondents. Perused the writ petition papers.
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3. Learned counsel for the petitioner would submit that petitioner is before this Court under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondent Nos.1 to 3 to effect phodi and durasth work in respect of the land measuring 12 acres in Sy.No.159 of Kadabagere Village, Dasanapura Hobli, Bengaluru North Taluk. Learned counsel for the petitioner would submit that land was originally granted/allotted to land-losers of Manchanabele Reservoir. Subsequent to purchase of the land in question, petitioner submitted application for phodi and durasth of land in question. It is the grievance of the petitioner that said application for phodi and durasth is pending consideration. Learned counsel would invite attention of this Court to Annexure-W dated 22.07.2021 wherein the Assistant Commissioner directed the Tahasildar to verify the documents and to take action to phodi and durasth of land in question. Learned counsel would also submit that petitioner submitted representation dated 03.01.2023 (Annexure-X). -4- WP No. 6202 of 2023 It is the grievance of the petitioner that the Tahasildar failed to take action for more than 10 years, in spite of direction by the Assistant Commissioner.
4. Learned Additional Government Advocate on instruction submits that phodi and durasth as requested by petitioner would be carried out within a reasonable time to be fixed by this Court.
5. The Assistant Commissioner under letter dated 03.03.2021 (Annexure-V) as well as under letter dated 22.07.2021 (Annexure-W) indicated that there is no impediment for carrying out phodi and durasth work. Further, Assistant Commissioner and Tahasildar have sought orders of the Deputy Commissioner as a special case for 'KPÀªÀåQÛ PÉÆÃjPÉ' request of the petitioner for phodi. When the petitioner makes application for phodi and durasth work, respondent-Tahasildar as well as Revenue Authorities are legally bound to take a decision either to effect phodi and durasth or to refuse by assigning proper -5- WP No. 6202 of 2023 reasons. In the instant case, the Tahasildar submitted proposal to the Assistant Commissioner under Annexure-T dated 23.03.2021 to take action in accordance with law and in turn, Assistant Commissioner under Annexure-V dated 30.03.2021, submitted the proposal to the Deputy Commissioner and also to the third respondent-Technical Assistant and Deputy Director of Land Records. But till this date, no action is taken either to phode or durasth the land in question or to refuse the request of the petitioner by assigning reasons. Hence, the following:
ORDER
(i) Respondent Nos.4 and 5 are directed to take decision on the proposal forwarded by the Tahasildar in terms of Annexure-T dated 23.03.2021, Annexure-V dated 30.03.2021 and respondent No.3 is directed to take a decision on the proposal of the fourth respondent-Assistant Commissioner under Annexure-W dated 22.07.2021 and the Tahasildar - first -6- WP No. 6202 of 2023 respondent is directed to consider Annexure-X, representation of the petitioner dated 03.01.2023 to effect phodi and durasth work or otherwise of the land bearing Sy.No.159 to an extent of 12 acres situated at Kadabagere Village, Dasanapura Hobli, Bengaluru North Taluk, in accordance with law.
(ii) The above exercise shall be completed within a period of four months from the date of receipt of a copy of this order.
With the above, writ petition stands disposed of.
Sd/-
JUDGE NC CT:bms List No.: 1 Sl No.: 36