Code of Civil
Procedure, the final decree court has appointed a ADLR
as Commissioner so as to demark the property.
According to the petitioner, such ... power is not vested
with the ADLR inasmuch as he cannot make a division,
demarcate the properties and allot the shares. Hence,
the petitioner submits
Annexure-C, thereby confirming the endorse
ment
issued by the V respondent-ADLR.
4. PetItioners filed a petition before the
Assistant Director of Land Records ... before the sub
-division
may be restored.
4
5. The 1 respondent - ADLR without hearing
the petitioners and without assigning any reas
ons, has
rejected
suit property. During the
pendency of the suit, the jurisdictional ADLR was
appointed as the Court Commissioner by the trial Court
to inspect the spot ... However, the ADLR did not visit the
spot and submitted the report as directed by the trial
court. On the contrary, the ADLR deputed
survey
map prepared by the Assistant Director of Land Records,
Kumta (ADLR), pertaining to the properties belonging to
25
the plaintiff as well ... prepared on 2nd January 1988 in pursuance of the
orders of the ADLR, Kumta, would reveal that such
survey belongs to the Town Municipality only
take such
steps to pay compensation.
Accordingly, the petition is allowed. The ADLR,
Bangalore Rural District shall conduct a survey to identify the
extent that ... International Airport and ascertain whether indeed it was so
acquired and the ADLR shall issue notices to the Tahsildar, the
KIADB as well
submits that the order of the Assistant
Director of Land Records ('ADLR' for short) could not have
been challenged before the Deputy Commissioner ... Karnataka Land
Revenue Act, 1964 the order of the ADLR can be
challenged only before the Joint Director of Land Records
(JDLR
application only on the ground that already survey
report prepared by the ADLR Sindagi is produced in the
evidence. Hence, this writ petition.
2. Learned ... counsel appearing for the petitioner
submits that survey report prepared by the ADLR
Sindagi and produced before the Trial Court is a
disputed document
During the course of the proceedings, ADLR was
appointed as Court Commissioner and the said Court
Commissioner namely Sri. B.S. Venugopal was
examined ... Commissioner's report. However, in
the instant case, though the ADLR was appointed as
Commissioner and sketch drawn by him is marked
survey numbers and neighbouring villagers have to
reach their respective lands. The ADLR examined by
9
the plaintiff as PW 4 in his evidence ... they have not placed any material to
that effect. PW 4, ADLR in his report has not stated
12
anything about the existence of pathway
which reads thus:
"The Trial Court shall appoint a
Commissioner from ADLR to
demarcate the portion covered under
Ex.D1 and delineate ... judgment and on
issuance of the process by the Trial Court, the ADLR has
sent an endorsement stating that it is no longer
functioning independently
