Petitioners challenged delay in conducting land measurement (phodi) under Karnataka Land Revenue Act, 1964. The Court noted a circular requiring online applications, directing petitioners to comply, and dismissed the writ.
Directing petitioners to submit application online and Tahsildar to consider it.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2869 OF 2023 (KLR-RR/SUR)
BETWEEN:
Digitally signed by SUCHITRA M J Location: HIGH COURT OF KARNATAKA
ALL ARE RESIDING AT KUDUREGERE VILLAGE, JALA HOBLI, THARAHUNASE POST, BANGALORE NORTH (ADDL.) TALUK, BANGALORE - 562 157.
…PETITIONERS
(BY SRI. RAMESH KUMAR V, ADVOCATE FOR SRI. NARAYANA SWAMY P.M, ADVOCATE)
WP No. 2869 of 2023
AND:
…RESPONDENTS
(BY SRI. SESHU V, HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AMD 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS MADE BY THE PETITIONERS DATED 30/11/2021, 14/03/2022 AND 18/06/2022 TO THE TAHASILDAR, YELAHANKA TALUK, YELAHANKA, BANGALORE THE R-2 HEREIN REQUESTING HIM TO CONDUCT PHODI OF THE LAND BEARING OLD SY.NO.59, NEW SY.NO. 59/P1, P2, P3 EACH MEASURING 5 ACRE, TOTALLY MEASURING 15 ACRES, SITUATED AT KUDUREGERE VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK NOW YELAHANKA TALUK AND TO DEMARCATE THE SAME AS PER ANNEXURE-M, M1 AND M2 AS EXPEDITIOUSLY AS POSSIBLE.
WP No. 2869 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice for respondent Nos.1 to 4.
WP No. 2869 of 2023
petitioners partitioned the properties among themselves. It is also submitted that the proceedings initiated under Section 136(3) of the Karnataka Land Revenue Act, 1964, by the Special Deputy Commissioner was dropped vide order dated 25.02.2013. Subsequent to partition, the petitioners submitted application for phodi work, which is pending consideration before respondent No.2-Tahsildar. Learned counsel would further submit that since the representation submitted for phodi work is pending and respondent No.2 has failed to take action, the petitioners are before this Court.
WP No. 2869 of 2023
Commissioner dated 25.02.2013 in RRT(2) N(A)/CR/18, 18-
A, 33, 34, 34-A, 33-B/2008-09 indicates that the proceedings initiated under Section 136(3) of the Karnataka Land Revenue Act, 1964, was dropped. Thereafter, it is the case of the petitioners that the properties were partitioned among the family members. On partition, the petitioners have submitted representations for phodi work, which is pending consideration. In the light of the Circular dated 15.10.2022, the petitioners would have to submit application for phodi work online. If such application is submitted online, respondent No.2-Tahsildar shall consider the same and pass an appropriate order.
With the above observation, writ petition stands disposed of.
Sd/JUDGE
SMJ List No.: 1 Sl No.: 35
1 issue framed by the court
Whether the writ petition should dispose of the claim for phodi work without directing compliance with new circular requirements.
2 provisions across 2 enactments
K.N. NANJUNDA SHASTRY ORS.
THE STATE OF KARNATAKA ORS.
S.G.PANDIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
