Allowed

Sri Shivanna v. the Deputy Commissioner

Karnataka HC8 Sept 2021WP/13442/2021

Case brief

AI extract

What is this about?

This court issued a writ of mandamus directing specific land revenue authorities to conduct phodi and durasth proceedings and fix boundaries for the petitioner's land within six months of filing the required online application, allowing the court order to be viewed online immediately.

What did the court decide?

Writ of mandamus issued directing respondents 2, 4 and 5 to carry out phodi, durasth proceedings and fixation of boundaries within six months of receipt of the online application.

Sri Shivanna Vs the Deputy Commissioner — Writ and Judicial Review | Karnataka HC (2021)

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WP NO.13442 OF 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.13442 OF 2021 (KLR RR/SUR)

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BETWEEN:

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SRI. SHIVANNA S/O LATE SRI. CHIKKALINGAIAH AGED ABOUT 46 YEARS R/O P. HONNAMACHANAHALLI VILLAGE HULIYURUDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT KARNATAKA-572130

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REPRESENTED BY HIS GPA HOLDER SRI.B.G. HARSHA S/O SRI. B. GOPALANAIDU AGED ABOUT 41 YEARS R/AT NO.14, 3^RD CROSS CAUVERY 4^TH MAIN ROAD NEAR NEW KEMPEGOWDA LAYOUT KATRIGUPPE 3^RD STAGE BENGALURU-560085

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...PETITIONER

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(BY SRI. SOMASHEKARA.K.M, ADVOCATE-PH)

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AND:

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THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572101

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DEPUTY DIRECTOR OF LAND RECORDS TUMAKURU DIVISION KUNIGAL TALUK TUMAKURU-572101

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WP NO.13442 OF 2021

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ASSISTANT COMMISSIONER TUMAKURU DIVISION KUNIGAL TALUK TUMAKURU-572101

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THE TAHSILDAR KUNIGAL TALUK KUNIGAL TUMAKURU DISTRICT-572130

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ASSISTANT DIRECTOR OF LAND RECORDS KUNIGAL TALUK, KUNIGAL TUMAKURU DISTRICT-572130

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… RESPONDENTS

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(BY SRI.SRINIVAS.A.R, AGA-PH)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R- 4 AND 5 TO CARRY OUT THE PHODI, DURASTI WORK AND FIX THE BOUNDARIES IN RESPECT OF PETITIONERS LAND IN SY.NO.23/P1 (SY.NO.23), MEASURING 2 ACRES 20 GUNTAS SITUATED AT P.H. HALLI VILLAGE, (P.HONNAMACHANAHALLI), KASABA HOBLI, KUNIGAL TALUK OR IN THE ALTERNATE TO CONSIDER THE REPRESENTATION DATED 03.05.2021 VIDE ANNEXURE-F.

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*********

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

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ORDER

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The petitioner is before this Court seeking for the

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following relief:

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"Issue Writ of Mandamus or such other appropriate Writ or Order directing the respondents 4 & 5 to carry out the phodi, durasti work and fix the boundaries in respect of petitioner's land in Sy.No.23/p1 (Sy.No.23), measuring 2 Acres 20 Guntas situated at P.H.Halli Village, (P.Honnamachanahalli), Kasaba Hobli, Kunigal Taluk or in the alternate to consider the representation dated

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WP NO.13442 OF 2021

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03.05.2020 vide Annexures-F, in the ends of justice".

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The grievance of the petitioner is that despite the representation having been made on 03.05.2021, the phodi and durasth proceedings have not been carried out in respect of land bearing Sy.No.23/P2 (Sy.No.23), measuring 2 acres 20 guntas situated at P.H.Halli Village (P.Honnamachanahalli), Huliyurdurga Hobli, Kunigal Taluk.

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Sri.A.R.Srinivas, learned Additional Government Advocate, who accepts notice for respondent Nos.1 to 5, submits that since online application has not been filed, the representation could not be considered. If an online application is filed, the authorities would do the needful within a period of six months from the date of filing of the online application.

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Sri.Somashekara K.M., the learned counsel for the petitioner would submit that necessary online

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WP NO.13442 OF 2021

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application and payment of fees would be made at the earliest.

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In view thereof, a mandamus is issued directing respondent Nos.2, 4 and 5 to carry out phodi and durasth proceedings and fixation of boundaries in respect of the land of the petitioner specified above within a period of six months of the receipt of the online application from the petitioner.

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The concerned respondent will act on a print out of the uploaded copy of this order on the website of this Court, if so furnished by the petitioner, without waiting for certified copy thereof. If concerned respondent has any doubt about the order, he/she may verify the contents of the order from the website of this Court and/or from the learned Additional Government Advocate.

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With the aforesaid observations, the Writ Petition is disposed of.

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WP NO.13442 OF 2021

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It is needless to say that this Court has not made any observations on the merits of the matter.

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Sd/JUDGE

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Prs*

Sri Shivanna v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Sri Shivanna v. the Deputy Commissioner

Case brief

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What did the court decide?

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