Disposed

Smt Sowbhagyamma v. the State of Karnataka

Karnataka HC2 Nov 2022WP/1547/2016

Case brief

AI extract

What is this about?

In a writ petition under Articles 226 and 227, the court disposed of the matter without expressing an opinion on the merits due to the respondent's agreement to investigate the grievance. The court granted compliance time within three months.

What did the court decide?

Petition disposed. Respondents to consider the representation and allot Hissa numbers within three months. No opinion expressed on merits.

Smt Sowbhagyamma Vs the State of Karnataka — Land Acquisition | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 2^ND DAY OF NOVEMBER , 2022 BEFORE

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THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

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WRIT PETITION NO.1547 OF 2016(KLR-RR/SUR)

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BETWEEN:

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SMT.SOWBHAGAYAMMA, W/O K SAMBASIVAN, AGED ABOUT 58 YEARS, R/O ARADHANA, NO.54/B, 9^TH MAIN, RAJAJINAGAR, BANGALORE – 560 010.

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...PETITIONER

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(BY SRI.K.R.SRINIVASAN, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY DEPT. OF HOUSING AND URBAN DEVELOPMENT M.S.BUILDING, BANGALORE - 560 001.

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THE DEPUTY COMMISSIONER BLORE URBAN DISTRICT, KANDHAYA BHAVANA, K.G.ROAD, BANGALORE - 560 009.

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THE COMMISSIONER BANGALORE DEVELOPMENT AUTHORITY BANGALORE - 560 020.

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THE DEPUTY DIRECTOR (WEST) CITY PLANNING DIVISION, B.D.A., BANGALORE - 560 020.

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THE DIRECTORATE OF LAND RECORDS O/O THE SURVEY, SETTLEMENT & LAND RECORDS K.R.CIRCLE, NRUPATHUNGA ROAD, BANGALORE - 560 001.

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THE ASSISTANT DIRECTOR OF LAND RECORDS O/O THE SURVEY, SETTLEMENT & LAND RECORDS K.R.CIRCLE, NRUPATHUNGA ROAD, BANGALORE - 560 001.

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THE THASILDHAR KANDHAYA BHAVAN, BANGALORE NORTH TALUK, BANGALORE - 560 009.

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THE CHAIRMAN KODEGEHALLI VILLAGE PANCHAYAT YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 091.

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THE VILLAGE ACCOUNTANT KODEGEHALLI VILLAGE PANCHAYAT YESHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 560 091.

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… RESPONDENTS

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(BY SRI.C.N.MAHADESHWARAN, AGA FOR R1,R2,R5-R7&R9; SRI.M.B.A. PRABHAKAR, ADVOCATE FOR R3; R4 & R8 ARE SERVED AND UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5, 6, 7 & 9 TO GIVE HISSA NUMBERS TO SY.NO.137 OF KODIGEHALLI VILLAGE, YESHWANTHPURA HOBLI, BANGALORE NORTH TQ., AS PER AKARBAND ISSUED BY TAHASILDAR DT.5.11.2013 OF SY.NO.137 (ANNX-K) AND TO RESTORE ORDER DT.12.3.1998 IN IHC 7/98-99 OF THE SPL. TAHASILDAR, BANGALORE NORTH TQ., (ANNX-G2) AND ETC.,

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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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Petitioner is knocking at the doors of Writ Court

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with the following prayers:

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i. “To issue a Writ of MANDAMUS, or any other writ, order or direction, directing the Respondent Nos. 5, 6,7 & 9 to give Hissa numbers to Sy no:137 of Kodigehalli village, Yeshwanthapura Hobli, B’lore North Taluk, as per Akarband issued by Tahasildar dt: 05/11/2013 of Syno:137 (ANNEXURE-K) & to restore order dt: 12/03/1998 in IHC 7/98-99 of the Spl Tahasildhar B’lore North Taluk (ANNEXURE-G2).

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ii. To issue a writ of MANDAMUS or any other writ, order or direction to direct the Respondents to consider the representation dt 12/05/2015 (ANNEXURE-Z1) & to give Hissa numbers to Syno:137 of Kodigehalli village, B’lore North & accordingly to issue Revised Map.

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iii. To issue a writ of PROHIBITION or any other writ, order or direction to prohibit the respondents herein from interfering/evicting with the Petitioner’s possession and enjoyment of the schedule property in Syno:137 of Kodigehalli village, Yeshwanthapura Hobli, B’lore North Taluk.”

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Learned AGA appearing for the official

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Respondents opposes the petition contending that the prayer sought for by the petitioner cannot be granted without ascertaining the genuineness of the records on which it is structured. Having so contended, he now agrees to instruct his clients to look into the grievance of the petitioners as aired in their representations dated 12.05.2015 and a copy whereof avails at Anenxure-Z1 keeping in view the Akarband extract dated 5.11.2013 issued by the Tahsildar, a copy whereof avails at Annexure-K, in accordance with law. This is appreciable.

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In view of the above, this petition is disposed off. Time for compliance is three months. No opinion is expressed as to the genuineness of the claim and all contentions are kept open.

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It is open to the answering Respondents to solicit any information or documents from the side of the petitioners for consideration of subject Representation.

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However, in the guise of such solicitation, no delay shall

be brooked.

Costs made easy.

Sd/JUDGE

Bsv

Smt Sowbhagyamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Sowbhagyamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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