Karnataka High Court
Md. Ismail And Anr vs The State Of Karnataka And Ors on 9 November, 2022
Author: R. Devdas
Bench: R. Devdas
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IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 9TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR.JUSTICE R. DEVDAS
WRIT PETITION No.202855/2022 (KLR-RR-SUR)
BETWEEN:
1. MD. ISMAIL S/O SHAIK AMAD,
AGED 42 YEARS,
OCCUPATION AGRICULTURE,
R/O MANHALLI VILLAGE,
TQ. AND DIST. BIDAR 585413.
2. SHEKH AMAD S/O MADHAR SAB
AGED 40 YEARS,
OCCUPATION AGRICULTURE,
R/O MANHALLI VILLAGE,
TQ. AND DIST. BIDAR 585413.
...PETITIONERS
(BY SRI. VENKATESH C MALLABADI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY,
REVENUE DEPARTMENT,
VIKASA SOUDHA,
BANGALORE 560 001.
2. THE DEPUTY COMMISSIONER
BIDAR DISTRICT,
BIDAR 585401.
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3. THE ASSISTANT COMMISSIONER
BIDAR
DIST BIDAR 585401.
4. THE TAHSILDAR
BIDAR
DIST BIDAR 585401.
5. THE DEPUTY DIRECTOR
OF LAND RECORDS (DDLR)
TAHSIL OFFICE,
BIDAR 595 401.
6. THE ASSISTANT DIRECTOR
OF LAND RECORDS (ADLR)
TAHSIL OFFICE,
BIDAR 595 401.
...RESPONDENTS
(BY SRI SHIVAKUMAR R. TENGLI, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A
WRIT IN THE NATURE OF MANDAMUS DIRECTING THE
RESPONDENTS No.2 TO 6 TO CONSIDER THE
REPRESENTATIONS DATED 17.10.2022 AT ANNEXURE-D, D1
TO D3 AND CONSEQUENTLY TO HOLD SURVEY AND
CONDUCT DEMARCATION (PHODI) OF PETITIONERS LAND BY
CONSIDERING APPLICATION BEARING NO. 05041019896651
SY NO.78/*/1, MEASURING 2 ACRES AND 23 GUNTAS
SITUATED AT SITUATED AT MANHALLI VILLAGE, TQ AND
DIST BIDAR, AND BY CONSIDERING THE APPLICATION
BEARING NO. 05041019900682, SY NO.78/*/* MEASURING
4 ACRES AND 20 GUNTAS SITUATED AT MANHALLI VILLAGE,
TQ AND SIT BIDAR, THE COPIES OF WHICH IS AT
ANNEXURE-B AND C AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
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ORDER
R. DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for all the respondents.
2. The grievance of the petitioners is that although online applications were filed by the petitioners seeking tatkal phodi (bifurcation) in respective of their lands i.e., 2 acres and 23 guntas of land in Sy.No.78/*/1 and 4 acres and 20 guntas of land in Sy.No.78/*/* both situated at Manhalli Village, Bidar Taluk and Bidar District, on 17.10.2022, however, till date, the phodi work has not been carried out.
3. Having regard to the prayer made in the writ petition and on going through the petition papers, this Court finds that the petitioners have indeed filed online applications as required, in the month of October 2022 and the concerned authorities i.e., Tahasildar and the Additional Director of Land Records were required to -4- consider the applications and pass necessary orders for durast of the lands in question within a stipulated time.
4. Consequently, the writ petition stands disposed of with a specific direction to respondent No.6-Additional Director of Land Records, Bidar, to conduct survey and pass necessary orders on the applications for tatkal phodi made by the petitioners online, as expeditiously as possible and at any rate, within a period of two months from the date of receipt a copy of this order.
5. Learned Additional Government Advocate is permitted to file Memo of Appearance within four weeks from today.
Sd/-
JUDGE DL