Allowed

Mr. B Premnath Reddy v. the Deputy Commissioner

Karnataka HC25 Oct 2021WP/2541/2020

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227 of the Constitution, the Court allowed the prayer to direct the Tahsildar and Department of Land Records to survey land and assign a new survey number within 30 days to facilitate registration of an unsurveyed wasteland purchased at auction.

What did the court decide?

Respondents 3, 5, and 6 directed to survey land, demarcate boundaries, assign survey number, and take steps for registration within 30 days.

Mr. B Premnath Reddy Vs the Deputy Commissioner — RTI and Transparency | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF OCTOBER, 2021

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BEFORE

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THE HON’BLE MR. JUSTICE R.NATARAJ

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WRIT PETITION No. 2541 OF 2020 (KLR-RES)

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BETWEEN :

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MR. B. PREMNATH REDDY S/O B MATHYAS REDDY AGED ABOUT 55 YEARS R/A NO.225 AND 226 5^TH CROSS, 80 FT ROAD RMV II STAGE BENGALURU-560094.

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...PETITIONER

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[BY SRI. REUBEN JACOB., ADVOCATE (VC)]

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AND:

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1 . THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU-560 009.

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION 1^ST FLOOR, TALUK OFFICE DODDABALLAPURA-561203.

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THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI-562110.

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THE SUB REGISTRAR DEVANAHALLI OFFICE OF THE SUB REGISTRAR B B ROAD, DEVANAHALLI-562 110.

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DEPUTY DIRECTOR OF LAND RECORDS, 1^ST FLOOR, PODIUM BLOCK VISHWESHWARAIAH TOWERS DR AMBEDKAR VEEDHI BENGALURU-560 001.

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ASSISTANT DIRECTOR OF LAND RECORDS REVENUE SURVEY OFFICE K R CIRCLE, BENGALURU-560001.

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.…RESPONDENTS

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[BY SRI R.SRINIVAS GOWDA, AGA FOR R1 TO R6 (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-3 TO SURVEY THE SCHEDULE LAND AND ASSIGN A NEW SURVEY NUMBER BY CONDUCTING DURASTI AND MUTATION PROCEEDINGS IN TERMS OF THE DIRECTIONS ISSUED BY THE R-2 AS PER LETTER DATED 04.04.2008 VIDE ANNEXURE-D AND ETC.,

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

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O R D E R

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Petitioner has sought for a writ in the nature of

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mandamus to direct the respondent No.3 to survey the schedule land and assign a new survey number by conducting Durasti and Mutation proceedings in terms of the directions issued by respondent No.2 as per letter bearing No.LND/CR:369/2005-06 dated 04.04.2008. He has also sought for a writ in the nature of mandamus directing respondent No.4 to register a sale certificate dated 28.05.2007 issued by respondent No.1.

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The petitioner was a successful bidder at an auction held on 19.12.2006, whereby one acre of unsurveyed waste land at Hegganahalli village was purchased by him. Sale certificate in Form No.41 was issued to the petitioner by respondent No.1.Thereafter petitioner approached respondent No.4 for the purpose of registering the said sale certificate. However, respondent No.4 refused to register it, since the survey number was not mentioned in the sale certificate. The petitioner followed it up before respondent No.2, who issued

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direction to respondent No.3 to conduct a survey and demarcate the aforesaid property and assign new survey number. Respondent No.3 has failed to comply with the said direction. The petitioner had submitted unending representations to respondent No.3 which was of no consequence. Hence, present petition is filed.

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Learned Additional Government Advocate submitted that the property purchased by the petitioner would be surveyed, demarcated and new survey number would be assigned and all necessary steps for registration of the sale certificate would be performed, if adequate time is granted.

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It is rather unfortunate that the petitioner even after purchasing the property at an auction in the year 2006, is still loitering in the Courts for getting the sale certificate registered. Respondents No.2 and 3 herein who are responsible for the conclusion of the sale, have failed in their duty in taking effective steps for ensuring registration of the sale certificate. In that view of the matter, this Writ Petition is allowed. The respondents No.3, 5 and 6 are directed to

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conduct survey, demarcate the boundaries of the property purchased by the petitioners and assign new survey number and take all steps necessary for the registration of the sale certificate. This shall be done within a period of 30 days from the date of receipt of a copy of this order.

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In order to ensure that there is no further delay, the compliance of this order shall be reported to this Court.

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The relief sought for as against respondent No.4 would arise only after aforesaid exercise is concluded.

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List this petition on 08.12.2021 for compliance.

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Sd/-

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JUDGE

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*Psg

Mr. B Premnath Reddy v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Mr. B Premnath Reddy v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

What the court decided

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