Held a writ petition filed by an absolute owner seeking directions to carry out pucca phodi work, including survey and boundary fixing, on his disputed land property.
Respondents directed to carry out podi and durasti work on survey No. 100 within six months if the land is derived from another survey number, after giving notice.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 2620 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.2620 OF 2022 (KLR-RES)
BETWEEN:
…PETITIONER
(BY SRI. RAGHUNATH C M., ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA
WP No. 2620 of 2022
…RESPONDENTS
(BY SRI. R SRINIVASA GOWDA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DTD 15.09.2021 VIDE ANNX-B TO CARRY OUT PUCCA PHODI WORK I.E., SURVEY, FIX THE BOUNDARIES, PREPARE THE SKETCH IN RESPECT OF THE LAND BEARING SY.NO.100 MEASURING TO AN EXTENT OF 4 ACRES 13 GUNTAS SITUATED AT ARASANAHALLI PEDDANAHALLI, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
following reliefs:
" a) Issue a writ of Mandamus or any other writ, order or direction, directing the respondents to consider the representation made by the petitioner dtd 15.09.2021 vide Annexure-B to carry out pucca phodi work i.e., survey, fix the boundaries, prepare the sketch in respect of the land bearing Sy.No.100 measuring to an extent of 4 Acres 13 guntas situated at Arasanahalli peddanahalli, kundana Hobli, Devanahalli Taluk, Bangalore Rural District.
b) And to pass other order/s as this Hon'ble court deems fit and proper in the facts and circumstances of the case, in the interest of justice and equity".
WP No. 2620 of 2022
::ORDER::
WP No. 2620 of 2022
Sd/JUDGE
NMS
3 issues framed by the court
Whether respondents are directed to carry out podi and durasti work on the petitioner's land upon receipt of representation.
Whether the writ petition filed under Articles 226 and 227 of the Constitution is allowed.
Whether notice should be given to all concerned if the land is derived from another survey number.
2 provisions across 1 enactments
Sri. S.M. Yarpa
State of Karnataka
Deputy Commissioner Bangalore Rural District
Deputy Director of Land Records
Tahsildar Devanahalli
Assistant Director of Land Records
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
