Disposed

Smt Saraswathamma v. the State of Karnataka

Karnataka HC16 Sept 2021WP/7815/2021

Case brief

AI extract

What is this about?

Writ petition filed by the heirs of land owners for conducting phody and durasthi proceedings under the Land Reforms Act. The High Court issued a mandamus directing the Assistant Director of Land Records and Tahsildar to carry out the said proceedings within six months.

What did the court decide?

Directing respondents to conduct phody and durasthi proceedings within six months.

Smt Saraswathamma Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 16^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.7815 OF 2021 (KLR-RES)

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BETWEEN :

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SMT.SARASWATHAMMA W/O LATE VENKATACHAR AGED ABOUT 69 YEARS

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CHANDRASHEKAR S/O LATE VENKATACHAR AGED ABOUT 37 YEARS

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SAVITHA D/O LATE VENKATACHAR AGED ABOUT 36 YEARS

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ALL ARE R/AT NO.81 H.GOLLAHALLI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK PIN:560 060 ... PETITIONERS

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(BY SRI CHOKKA REDDY, ADVOCATE)

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AND :

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THE STATE OF KARNATAKA REPRESENTED BY

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PRINCIPAL SECRETARY

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REVENUE DEPARTMENT

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M.S.BUILDING

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BANGALORE - 560 001

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DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KANDAYA BHAVANA, K.G.ROAD BANGALORE - 560 009

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THE ASSISTANT DIRECTOR OF LAND RECORDS BANGALORE SOUTH DIVISION 2^ND FLOOR, KANDAYA BHAVANA

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K.G.ROAD, BANGALORE - 560 009

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THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION 2^ND FLOOR, KANDAYA BHAVANA

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K.G.ROAD, BANGALORE - 560 009

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TAHSILDAR BANGALORE SOUTH TALUK

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KANDAYA BHAVANA, K.G.ROAD

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BANGALORE - 560 009 ... RESPONDENTS

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(BY SRI SRINIVAS A.R., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING FOR A DIRECTION TO CONSIDER ANNEXURE-A FOR CONDUCTING PHODY AND DURASTHI IN RESPECT OF SY.NO.21 MEASURING 2 ACRES OF DODDAMARANAHALLI VILLAGE, THAVAREKERE HOBLI, BENGALURU SOUTH TALUK AND ETC.

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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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Sri A.R.Srinivas, learned Additional Government Advocate accepts notice for the respondents.

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The petitioners are before this Court seeking for the following reliefs:

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"1. Issue a " Writ of Mandamus " or any other writ, order or direction to consider Annexure-A for conducting Phody and durasthi in respect of Sy.No.21 measuring 2 acres of Doddamaranahalli village, Thavarekere Hobli, Bangalore South Taluk;

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2. Issue direction to the Deputy Commissioner to consider the report at Annexure-K dated 17.3.2020 in LND(S) Phody/CR/8/2019-20 to conduct phody and durasthi in respect of Sy.No.21 measuring 2 acres of Doddamaranahalli village, Thavarekere Hobli, Bangalore South Taluk as per Government Circular R.D.74 L.G.P 2009 dated 17.9.2009."

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The grievance of the petitioners is that the land bearing Sy.No.21 measuring 2 acres situated at Doddamaranahalli Village, Thavarekere Hobli, Bengaluru South Taluk, has been granted in favour of one Lingaiah and saguvali chit has been issued in his favour by the Tahsildar. The grantee sold the property to one Muniyellamma and now, it is owned by the petitioners.

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The petitioners submitted a representation on 16.09.2014 to carry out phodi and durasthi proceedings. Pursuant thereto, survey report was submitted by the Tahsildar to the Assistant Commissioner. Thereafter, the Assistant Commissioner submitted a report to the Deputy Commissioner. Despite which, no action has been taken.

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The contentions of the petitioners are borne out from the documents produced.

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Hence, a mandamus is issued directing respondent Nos.3 and 5 to carry out necessary phodi and durasti proceedings as regards the land in Sy.No.21 of Doddamaranahalli Village, Thavarekere Hobli, Bengaluru South Taluk in accordance with law within a period of six months from the date of receipt of certified copy of this order.

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Respondent Nos.3 and 5 will act on a print out of the uploaded copy of this order on the website of this Court, if so furnished by the petitioners, without waiting for certified copy thereof. If the said 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 Additional Government Advocate.

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The petition is accordingly disposed of.

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Sd/JUDGE

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bkv

Smt Saraswathamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Saraswathamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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