Disposed

Smt. Anusuyamma S v. the Deputy Commissioner and District Magistrate

Karnataka HC12 Jul 2022WP/1054/2022

Case brief

AI extract

What is this about?

The Karnataka High Court, in a writ petition, directed revenue authorities to conduct a survey of the entire survey number and proceed to undertake Phodi work for the petitioner within six months, dismissing the objection to survey the whole number.

What did the court decide?

Directions to conduct survey of entire survey number and undertake Phodi work within six months.

Smt. Anusuyamma S Vs the Deputy Commissioner and District… — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2022

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BEFORE

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THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA

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W.P.No.1054/2022 (KLR - RES)

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BETWEEN:

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SMT. ANUSUYAMMA S., W/O SUNDAR RAM REDDY S, AGED ABOUT 69 YEARS, NO.61, NAGASANDRA CIRCLE, BASAVANAGUDI, BANGALORE – 560 004.

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… PETITIONER

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(BY SMT.HARINI S. FOR SRI.SHIVAMURTHY P., ADVS.)

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AND:

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THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU – 560 009.

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THE ASSISTANT COMMISSIONER SOUTH DIVISION, KEMPEGOWDA ROAD, KANDAYA BHAVANA, BENGALURU URBAN DISTRICT, BENGALURU – 560 009.

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THE DEPARTMENT OF SURVEY AND LAND RECORDS, REVENUE SURVEY OFFICE, 1^ST CROSS, K R CIRCLE, BANGALORE – 560 001.

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… RESPONDENTS

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(BY SRI.R.SRINIVASA GOWDA, AGA)

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THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A. ISSUE A WRIT OF MANDAMUS TO RESPONDENTS TO CONSIDER THE REQUEST OF THE PETITIONER VIDE LETTER DATED 03.04.2021 VIDE ANNEXURE - L WITH A DIRECTION TO PHODI THE LAND OF THE PETITIONER IN ACCORDANCE WITH LAW; B.ISSUE ANY WRIT OR ORDER OR DIRECTION AS THIS HON’BLE COURT DEEMS FIT IN THE CIRCUMSTANCES OF THE CASE, INCLUDING AN ORDER AS TO COST OF THIS WRIT PETITION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The prayer in the writ petition is for a mandamus to direct the Deputy Commissioner to consider the representation dated 03.04.2021, a copy of which is produced as Annexure-L.

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2. In the representation, it is stated that the petitioner’s husband had purchased 6 acres of land under a

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sale deed dated 02.05.2001 and thereafter on his death, the revenue entries are reflected in her name and the lands are to be subjected to a Phodi.

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Since, the petitioner is seeking for conducting of a Phodi and assessment of new survey number, it would be necessary for the Deputy Commissioner or the concerned ADLR / Tahsildar to consider her request and pass appropriate orders, within a period of three months from the date of receipt of a certified copy of this order.

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Learned Additional Government Advocate submits that it would be appropriate to direct the revenue authorities to conduct a survey of the entire survey number, instead of surveying the only claim of the Single Person, as this would lead to certain complications.

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In view of this submission, the authorities are directed to conduct the survey of the entire survey number and thereafter, proceed to undertake the Phodi work.

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This entire exercise would be undertaken and completed within a period of six months, from the date of receipt of a certified copy of this order.

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Accordingly, the writ petition is disposed of .

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Sd/JUDGE

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Smt. Anusuyamma S v. the Deputy Commissioner and District Magistrate

Case brief

What is this about?

What did the court decide?

Smt. Anusuyamma S v. the Deputy Commissioner and District Magistrate

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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