Smt. H N Latha vs The State Of Karnataka on 17 January, 2018

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Karnataka High Court

Smt. H N Latha vs The State Of Karnataka on 17 January, 2018

Bench: S.N.Satyanarayana

                         1




  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 17TH DAY OF JANUARY 2018

                      BEFORE

   THE HON' BLE MR. JUSTICE S.N.SATYANARAYANA

      WRIT PETITION No.56424 OF 2017 (KLR-RES)

BETWEEN:

SMT. H N LATHA
W/O MUNIRAJU
AGED ABOUT 39 YEARS,
R/AT NO.12, NARAYANASWAMY BUILDING,
BUDIGERE, DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT.
                                       ... PETITIONER

(BY SRI.NARASIMHARAJU, ADV.,)

AND

1.THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
REVENUE DEPARTMENT
M.S. BUILDING
BANGALORE 560001.

2.THE COMMISSIONER
DEPARTMENT OF SURVEY AND REVENUE
K.R. CIRCLE,
BANGALORE-560002.

3.THE ASSISTANT DIRECTOR OF
LAND RECORDS,
BANGALORE EAST TALUK,
K.R. PURAM,
                             2




BANGALORE 560036.

4.THE TAHSILDAR
BANGALORE EAST TALUK,
K.R. PURAM,
BANGALORE-560007.
                                        ... RESPONDENTS

(BY SRI.T.L.KIRAN KUMAR, AGA)

     THIS WRIT PETITION IS FILED UNDER ARTICLE 227
OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-3
TO CONDUCT THE SURVEY, DURASTHI AND PHODI TO
THE PROPERTY BEARING SY.NO.41 SITUATED AT
HIRANDAHALLI     VILLAGE,     BIDARAHALLI    HOBLI,
K.R.PURAM,  BANGALORE      EAST   TALUK   AS   PER
REPRESENTATION DTD 15.11.2017 VIDE ANNX-G.

    THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                        ORDER

The petitioner herein claiming herself to be the owner of land bearing survey No.41 of Hirandahalli village, Bidarahalli Hobli, Bangalore East Taluk has come up in this writ petition seeking certain direction to the third respondent - Assistant Director of Land Records, (ADLR), Bangalore East Taluk, to consider her representation dated 15.11.2017 for conducting phodi 3 work of aforesaid survey number and to identify the extent of land held by her in the said survey number, which is measuring an extent of 18 guntas. According to the petitioner, her name is shown as the owner in respect of the above said extent of land in the RTC, on the basis of a registered partition deed dated 20.1.2007, vide M.R.No.71/2006-07.

2. In this writ petition, the grievance of the petitioner is that though an application is made seeking phoding of the aforesaid extent of land in her name, the same is not carried out and the concerned Surveyor is evading the survey work.

3. When this matter is taken up for consideration in the presence of the learned Additional Government Advocate appearing for respondents 1 to 4, it is brought to the notice of this Court that a proceeding is already initiated by some other person, who is said to be having 4 interest in the same land, restraining phodi work on the premise that there is dispute between the petitioner herein and others and the same is pending in a second appeal in RSA 762/2014 on the file of this Court. It is also stated that the objection which is received by the fourth respondent is taken up for consideration in Proceedings No.BHUSANI/TAKARARU/33/79-80 and hearing of the same is fixed at 3p.m. this day, in the Office of the third respondent, ADLR. When the same is brought to the notice of the petitioner, he has agreed for disposal of this writ petition with liberty to approach the ADLR with all the relevant documents available with him, to demonstrate his legal right over the property and also to demonstrate that the said property in respect of which he is seeking phodi is not subject matter of the aforesaid RSA and therefore, there is no impediment for carrying out the phodi work. 5

With such liberty granted to the petitioner, the petition is disposed of.

Sd/-

JUDGE nv

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