Dismissal of a writ petition as unnecessary to decide in view of a compromise agreement reached by parties arranging a fresh survey and determining possession boundaries.
Petition allowed on terms of compromise; authorities directed to conduct fresh survey as per possession of parties.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY, 2022
BEFORE
THE HON’BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No. 16007/2013 (KLR-RES)
BETWEEN:
SRI N A PRASANNA AGED ABOUT 42 YEARS S/O SRI HARIYAPPA STATION DUGLAPURA KASABA HOBLI TARIKERE TALUK CHICKAMAGALUR DISTRICT - 577 101. … PETITIONER
(BY SRI. K N DAYALU, ADVOCATE)
AND:
CHICKAMAGALUR DISTRICT - 577 101
4 . SMT P R LALITHAMMA AGED ABOUT 61 YEARS W/O D M THAMANNA KAMBADA BEEDI TARIKERE TOWN
CHICKAMAGALUR DISTRICT - 577 101
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5 . T R HANUMANTHAPPA S/O N H RANGAPPA STATION: DUGLAPURA KASABA HOBLI TARIKERE TALUK CHICKAMAGALUR DISTRICT - 577 101
6 . SRI GOWRAPPA S/O CHANDAPPA RETD., SURVEYOR STATION DUGLAPURA KADABA HOBLI TARIKERE TALUK CHICKAMAGALUR DISTRICT - 577 101
… RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA FOR R1 TO R3 SRI. GNANESH N.I., ADVOCATE FOR R4 MISS. DEEPIKA K., ADVOCATE FOR SMT. RAKSHITHA D.J., ADVOCATE FOR R5 AND R6)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-F i.e., THE ORDER PASSED BY THE FIRST RESPONDENT DATED 22.03.2011 WITH RESPECT OF LAND BEARING OLD SURVEY NO.86, NEW SURVEY NOS.230 TO 233 OF DUGLAPURA VILLAGE, KASABA HOBLI, TARIKERE TALUK. GRANT AN INTERIM ORDER TO STAY THE OPERATION OF THE ORDER DATED 22.03.2011 AND ANY FURTHER PROCEEDINGS PURSUANCE TO THE SAID ORDER
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the order passed by the 1st respondent-Deputy Commissioner dated
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22.03.2011, whereby the Deputy Commissioner has ordered that fresh survey of the property be conducted.
"The fourth respondent Smt. Lalithamma, W/o. D.M. Thimmanna is the owner and has got Katha in respect of the land bearing Survey No.86/P (Old survey No.86(phoded as survey No.231) measuring total extent of 3-07 Acres, situated at Duglapura village, Kasaba Hobli, Tarikere taluk. The petitioner - N.A. Prasanna Bin late N.C. Ariappa is the owner in possession of survey No.86 (phoded as survey No.230), situated at Duglapura village, Kasaba Hobli, Tarikere taluk measuring to an extent of 3-09 acres. Since there is dispute regarding the extent in old survey No.86 between the petitioner and the fourth respondent, the fourth respondent had challenged the earlier phoding bearing survey No.230, 231, 232, 233 and 234 before the first respondent - Deputy Commissioner, Chickamagalur in Appeal No.DDDLR.R.P.08/2008-
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2009. Phoding which was earlier done was cancelled/set aside by order dated 22.03.2011 and ordered for fresh survey and phoding. The petitioner herein has challenged the said order of the first respondent in the above writ petition for quashment of the order of the first respondent dated 22.03.2011.
4. It is agreed between the parties herein, the agricultural land described as schedule A property belongs to the petitioner - N.A. Prasanna with the boundary mentioned therein in possession of the petitioner. The agricultural lnad described a schedule B property with boundary belong to the fourth respondent mentioned therein in possession of the fourth respondent and schedule C property is handed over and given up by the fourth respondent - P.R. Lalithamma to the possession of the petitioner under a separate agreement entered into between them dated 09.08.2019 and now the petitioner is in possession of the schedule C property. The copy of the separate agreement dated 09.08.2019 which had been entered into between the petitioner and the fourth respondent is enclosed with the above compromise petition, which is the part and parcel of the compromise petition.
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5. The parties herein have agreed that above petition may be allowed and remanded for fresh survey as per possession of the parties herein in accordance with the respective schedule properties described hereunder:
(i) The property of the petitioner - N.A.
Prasanna - schedule A property:
Agricultural land bearing survey NO.86 (phoded as Sy.No.230), situated at Duglapura village, Kasaba Hobli, Tarikere taluk measuring 3 acre 9 Guntas as per earlier phodi and though katha of the property stands for 4 Acres in the name of the Petitioner, however is subject to measurement as per possession bounded on the: East by: Channel Road
West by: property of Smt. P.R. Lalithamma North by: Chandra Naik bin Maulya Naik South by: T.M. Road
Property of the fourth respondent Smt. Lalithamma - Schedule B Property
Agricultural land bearing survey NO.86 (phoded as Survey No.231), situated at Duglapura village, Kasaba Hobli, Tarikere taluk measuring 3 Acres 7 guntas as per earlier phodi and though katha stands for 4 Acres, however is subject to measurement as per possession bounded on the :
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East by: property of N.A. Prasanna and schedule C property given up by Lalithamma to the petitioner (N.A. Prasanna); West by: property of T.R. Hanumanthappa bin M.H. Rangappa North by: Chandya Naika bin Malya Naik, South by: T.M. Road
SCHEDULE C PROPERTY OF THE PETITIONER (N.A. PRASANNA) HANDED OVER BY P.R. LALITHAMMA AND IN POSSESSION OF THE PETITIONER:
On the western side of the agricultural land bearing survey No.86 measuring 3 Acres 9 Guntas belongs to N.A. Prasanna (the petitioner) from the edge (that is adjacent to new house constructed by Thimmesh Babu S/o. Late N.C. Ariappa, brother of the petitioner) of the old house foundation towards south to north 270 feet and towards east to west 12 feet and thereafter in continuation of the same towards south to north about 445 feet or if more till the property of Chandra naika and one feet east to west from the drip line pipe (in the existed N.A. Prasanna property on the western side) bounded on the; East by: remaining portion of property of survey No.86 of petitioner (N.A. Prasanna property);
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West by; remaining property of the same in survey No.86 belongs to Lalithamma; and North by: property of chandra Naika bearing Survey No.86 and South by: T.M. Road
The schedule C property is in possession of the petitioner handed over by the fourth respondent - Smt. P.R. Lalithamma to the petitioner.
this writ petition would not survive.
the by the parties, authorities are directed to conduct a fresh survey in respect of the property.
SD/JUDGE
Cs/-
1 issue framed by the court
Whether to allow a writ petition filed under Articles 226 and 227 of the Constitution seeking quashing of a fresh survey order.
1 provisions across 1 enactments
SRI N A PRASANNA
THE DEPUTY COMMISSIONER CHICKAMAGALUR
SMT P R LALITHAMMA
N.S. SANJAY GOWDA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
