Allowed

Sri.Yathiraja a B v. the State of Karnataka

Karnataka HC7 Mar 2023WP/2973/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of Writ Petition No. 2973 of 2023. Directed the Tahasildar (R-5) to implement the order of the Joint Director Land Records and Survey (R-3) dated 24.09.2021 regarding the setting aside of Durasthi work on specific land pieces.

What did the court decide?

Respondent No. 5 directed to implement the order dated 24.09.2021 passed by Respondent No. 3 within four months after notifying parties.

Sri.Yathiraja a B Vs the State of Karnataka — Public Procurement and Tenders | Karnataka HC (2023)

¶1

¶2

WP No. 2973 of 2023

¶3

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶4

DATED THIS THE 7^TH DAY OF MARCH, 2023

¶5

BEFORE

¶6

THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2973 OF 2023 (KLR-RR/SUR)

¶7

BETWEEN:

¶8

SRI. YATHIRAJA A B, S/O LATE BASAVARAJAPPA A P, AGED ABOUT 35 YEARS, R/A KOTE BRHAMANARA BEEDI, WARD NO.2, KOTE, ARKALAGUDUR TALUK - 573 102, TALUK AND DISTRICT HASSAN.

¶9

…PETITIONER

¶10

(BY SRI. SHANTAKUMAR K C, ADVOCATE)

¶11

Digitally signed by SUCHITRA M J Location: HIGH COURT OF KARNATAKA

¶12

AND:

¶13

THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, M S BUILDINGS, AMBEDKAR VEEDI, BANGALORE - 560 001.

¶14

THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201.

¶15

¶16

WP No. 2973 of 2023

¶17

THE JOINT DIRECTOR, LAND RECORDS AND SURVEY, MYSORE SUB-DIVISION, MYSORE - 570 001.

¶18

THE ASSISTANT DIRECTOR, LAND RECORDS AND SURVEY, ARAKALGUDU TALUK, ARAKULGUDU - 573 102, DISTRICT HASSAN.

¶19

THE TAHASILDAR, ARAKALGUDU TALUK, ARAKULGUDU - 573 102, DISTRICT - HASSAN.

¶20

…RESPONDENTS

¶21

(BY SRI. SHOWRI H R, AGA FOR R1 TO R5)

¶22

THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND

¶23

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-5 TO CONSIDER THE PETITIONER REPRESENTATION DATED 01/07/2022 PASS APPROPRIATE ORDER IN ACCORDANCE WITH LAW, VIDE ANNEXURE-M AND ETC.

¶24

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶25

¶26

WP No. 2973 of 2023

¶27

ORDER

¶28

Learned Additional Government Advocate accepts

¶29

notice for respondent Nos.1 to 5.

¶30

Though the matter is listed for preliminary hearing, with the consent of learned counsel for the parties, the same is taken up for final disposal.

¶31

The petitioner is before this Court seeking a writ of mandamus directing respondent No.5 to consider representation of the petitioner at Annexure-M dated 01.07.2022 and to implement the order dated 24.09.2021 passed by respondent No.3 at Annexure-L.

¶32

Heard Sri. K.C.Shantakumar, learned counsel for the petitioner and Sri. H.R.Showri, learned AGA for the respondents. Perused the writ petition papers.

¶33

Learned counsel for the petitioner would submit that under Annexure-L, respondent No.3-Joint Director of Land Records and Survey, Mysore Sub-Division, Mysore, after setting aside the Durasthi work in respect of old Sy.No.1, new Sy.Nos.19, 22, 23, directed to take action in

¶34

¶35

WP No. 2973 of 2023

¶36

accordance with law. It is the grievance of the petitioner that respondent No.5-Tahsildar has failed to take action in terms of Annexure-L, order of respondent No.3.

¶37

Learned AGA points out that Annexure-M, the petitioner’s request to the Tahsildar is to visit the spot and to identify the hadhbasth of the petitioner's land. He submits that if the petitioner submits representation requesting for implementation of the order at Annexure-L dated 24.09.2021, respondent No.5-Tahsildar would take appropriate action in accordance with law.

¶38

Under Annexure-L dated 24.09.2021, the respondent No.3 passed the following order:

¶39

"j«d£ï CfðAiÀÄ£ÀÄß ¥ÀgÀ¸ÀÌj¹zÉ.

¶40

¥Àæ¸Ázï «Ã PÀÄ®PÀtÂð, ¥ÁæzÉÃ²PÀ ¨sÀÆzÁR¯ÉUÀ¼À dAn ¤zÉÃð±ÀPÀgÀÄ ªÉÄÊ¸ÀÆgÀÄ «¨sÁUÀ ªÉÄÊ¸ÀÆgÀÄ DzÀ £Á£ÀÄ PÀ£ÁðlPÀ ¨sÀÆPÀAzÁAiÀÄ C¢ü¤AiÀÄªÀÄ 1964 gÀ PÀ®A 56 gÀrAiÀÄ°è ¥ÀæzÀvÀªÁzÀ C¢üPÁgÀzÀAvÉ ºÁ¸À£À f¯Éè, CgÀPÀ®UÀÆqÀÄ vÁ®ÆèPÀÄ, PÀ¸À¨Á ºÉÆÃ§½, «eÁ¥ÀÄgÀ ¥sÁgÉ¸ïÖ UÁæªÀÄzÀ ¸À.£ÀA 1 gÀ°è ºÉÆ.¸À.£ÀA 19, 22, 23 JAzÀÄ ¤Ãr zÀÄgÀ¹Ü ¥Àr¹gÀÄªÀ zÁR¯ÉUÀ¼À£ÀÄß gÀzÀÄÝ ¥Àr¹ DzÉÃ²¹zÉ. PÁ£ÀÆ£ÀÄ ¥ÀæPÁgÀ zÀÄgÀ¹Ü PÀæªÀÄ PÉÊUÉÆ¼Àî®Ä ¨sÀÆzÁR¯ÉUÀ¼À ¸ÀºÁAiÀÄPÀ ¤zÉÃð±ÀPÀgÀÄ CgÀPÀ®UÀÆqÀÄ gÀªÀjUÉ DzÉÃ²¹zÉ."

¶41

¶42

WP No. 2973 of 2023

¶43

Respondent No.5-Tahsildar has a statutory duty to implement the order of the higher Authorities. But respondent No.5 has failed to take action in terms of the order at Annexure-L dated 24.09.2021. It is open for the petitioner to submit representation requesting respondent No.5 to implement the order at Annexure-L dated 24.09.2021. Even otherwise, respondent No.5 is legally obliged to implement the order passed by respondent No.3. Hence, the following:

¶44

ORDER

¶45

i. Respondent No.5 is directed to carry out the directions issued by respondent No.3 under order dated 24.09.2021 (Annexure-L) after notifying the parties concerned. Action in terms of Annexure-L shall be completed within four months from the date of receipt of a copy of this order.

¶46

ii. With the above, writ petition stands disposed of.

¶47

Sd/JUDGE

¶48

SMJ

¶49

List No.: 1 Sl No.: 40

Sri.Yathiraja a B v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri.Yathiraja a B v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Sri Muniyappa Vs the Special Deputy COMMISSIONER-1

Ranganna Vs State of Karnataka

Venkatapathi Vs Deputy Director of Land Records

Sri K N Nanjunda Shastry Vs the State of Karnataka

Sri Gangaraju v B Vs the Deputy Commissioner

Sri Ramesh G Vs the Deputy Commissioner