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Sri. Thippa Reddy v. the State of Karnataka

Karnataka HC7 Sept 2021WP/16389/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka issued a writ of mandamus directing forest and revenue authorities to consider the petitioner's representations and conduct a joint survey within three months to demarcate the boundaries of disputed land.

What did the court decide?

Writ of mandamus issued directing respondents to consider representations and carry out a joint survey within three months to mark land boundaries.

Sri. Thippa Reddy Vs the State of Karnataka — Specific Performance | Karnataka HC (2021)

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W.P. No.16389 OF 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^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.16389 OF 2021 (KLR RR/SUR)

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BETWEEN:

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SRI. THIPPA REDDY S/O LATE CHOWDAPPA AGED ABOUT 65 YEARS R/AT DIMBALA VILLAGE, RONUR HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT-563135

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...PETITIONER

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(BY MR. RAVINDRA V. REDDY, ADVOCATE-PH)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDDA, DR. AMBEDKAR VEEDI BANGALORE-560001

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PRINCIPAL CHIEF CONSERVATOR OF FORESTS 4^TH FLOOR, ARANYA BHAVANA MALLESHWARAM 18^TH CROSS BANGALORE-560055

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CHIEF CONSERVATOR OF FORESTS ARANYA BHAVANA MALLESWARAM 18^TH CROSS BANGALORE-560055

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4 . THE DISTRICT FOREST OFFICER KOLAR DISTRICT, KOLAR 563102

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THE RANGE FOREST OFFICER DEPARTMENT OF FOREST SRINIVASAPURA TALUK SRINIVASAPURA-563135

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W.P. No.16389 OF 2021

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DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR 563102

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DEPUTY DIRECTOR OF LAND RECORDS KOLAR SUB DIVISION, KOLAR 563102

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TAHSILDAR SRINIVASAPURA TALUK SRINIVASAPURA-563135

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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 R2, 3, 5, 6, 7 AND 8 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 27.03.2019, 27.03.2019, 07.02.2019, 31.07.2019, 31.07.2019 AND 31.07.2019 RESPECTIVELY ANNEXURE-J, K, H, L, M AND N.

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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 following reliefs:

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"a) Issue writ of mandamus directing the respondents – 2, 3, 5, 6, 7 and 8 to consider the representations of the petitioner's dated 27/03/2019, 27/03/2019, 07/02/2019, 31/07/2019, 31/07/2019 and 31/07/2019 respectively (Annexure-J, K, H, L, M and N)."

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Learned counsel for the petitioner would submit that the petitioner is the owner of lands in Sy.No. 26, 27 and 28 of Jodi Bovi Penta Village, Ronur Hobli, Srinivasapura taluk, Kolar District.

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W.P. No.16389 OF 2021

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He submits that the said land is located in the boundary of the forest area, as also near the village boundary. The petitioner has filed a suit in O.S.No.141/2009 seeking for an injunction restraining the Forest Department and or its Officers from interfering with his peaceful possession and enjoyment of the property and subsequent thereto, the petitioner is stated to have filed various representations at Annexures-J, K, H, L, M and N seeking for joint survey of the properties to be done, marking out the forest boundary and revenue boundary, as also village boundary, despite which no action has been taken. It is aggrieved by the same, the above relief is sought for.

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Sri.Srinivas.A.R, learned Additional Government Advocate submits that given three months time, a joint survey would be conducted by the Forest department, as also Revenue Department and ADLR and the boundaries of the Forest land, Revenue land, village boundary and the boundaries of the petitioner's land would be marked.

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W.P. No.16389 OF 2021

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The submission of learned AGA is placed on record. Mandamus is issued directing the respondents to consider the representations of the petitioner, carry out joint survey of the properties as aforesaid and mark the boundaries of the Forest land, Revenue land and the land belonging to the petitioner within a period of three months from the date of receipt of the certified copy of this order.

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Respondents 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 respondents have any doubt about the order, they may verify the contents of the order from the website of this Court and or from the learned AGA.

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The petition is accordingly disposed of.

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Sd/JUDGE

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Sri. Thippa Reddy v. the State of Karnataka

Case brief

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Sri. Thippa Reddy v. the State of Karnataka

Case brief

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