Petitioner challenged endorsement refusing phodi of land due to missing records. Court directed Respondent No.1 to reconstruct records and issue certificates within four months under the 20.06.2016 circular.
Direction to Respondent No.1 to reconstruct records and issue certificates within four months under circular dated 20.06.2016.
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NC: 2023:KHC:41384 WP No. 3040 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.3040 OF 2023 (KLR-RES)
BETWEEN:
SMT. GANGAMMA W/O LATE MUNIRAMAIAH, AGED ABOUT 63 YEARS, R/AT NO.5665, SUBASHNAGAR, BEHIND K.E.B. OFFICE, NELMANGAL TOWN, BANGALORE RURAL DISTRICT - 562123.
…PETITIONER
(BY SRI. BABU RAO M., ADVOCATE)
AND:
…RESPONDENTS
NC: 2023:KHC:41384 WP No. 3040 of 2023
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 12/01/2023 IN NO L.N.D/R.T.I/C.R/142/2022-23 AND ORDER DATED 12/01/2023, IN NO. L.N.D/R.T.I/C.R/142/2022-23 PASSED BY THE TAHSILDAR, I.E. RESPONDENT NO.3 AS PER ANNEURE-P AND Q AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, the petitioner is assailing the Endorsement dated 12.01.2023, passed by the respondent No.3 as per Annexures-P and Q in respect of the subject land as the respondents refused to do phodi of the land on the ground that there is no saguvali chit and akarband in respect of the land in question.
measuring to an extent of 10 acres, 02 acres, was granted to one Billa @ Baila in Sy No.50, which was a Gomal land as per Annexure-A. The said land was phoded and assigned with new Sy No.75 in favour of the said grantee. It is the case of the
NC: 2023:KHC:41384 WP No. 3040 of 2023
petitioner that, the petitioner has approached the respondent No.3 to conduct phodi in respect of the land in question and in this regard, the respondents have issued Endorsement as per Annexures-P and Q stating that, the original saguvali chit and survey records are not available in the original file. In that view of the matter, if the necessary records are not available with the respondents, it is open for the respondents to take further action in the matter in terms of the circular dated 20.06.2016 and to re-construct the records. In that view of the matter, the committee constituted by the respondent No.1 to re-construct the records pertaining to land in question and issue the necessary certificates in terms of the circular dated 20.06.2016. It is made clear the said exercise shall be completed by the respondent No.1 within four months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of .
List No.: 1 Sl No.: 28
SD/JUDGE
SB
1 issue framed by the court
Whether the impugned endorsement refusing to conduct phodi due to absence of records is maintainable.
2 provisions across 2 enactments
GANGAMMA W/O LATE MUNIRAMAIAH
THE DEPUTY COMMISSIONER BANGALORE DISTRICT
THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION
THE TAHASILDAR NELAMANGALA TALUK
E.S.INDIRESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
