Disposed

Sri Shivaraju v. the State of Karnataka

Karnataka HC2 Mar 2023WP/3325/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed for direction to revenue authorities to consider a representation for durasti work on 2 acres 27 guntas of the petitioner's land. The court directed that an online application be filed and stated no impediment existed.

What did the court decide?

The writ petition was disposed off with a direction that the petitioner must make an online application for durasti work.

Sri Shivaraju Vs the State of Karnataka — Karnataka HC (2023) — LawSathi Research

¶1

1 - WP No. 3325 of 2023

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

¶3

DATED THIS THE 2^ND DAY OF MARCH, 2023

¶4

BEFORE

¶5

THE HON’BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO.3325 OF 2023 (KLR-RR/SUR)

¶6

BETWEEN:

¶7

SRI SHIVARAJU S/O LATE HALAGASHETTY AGED ABOUT 51 YEARS R/AT YELAGALLI VILLAGE UYYAMBALLI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT-562159.

¶8

…PETITIONER

¶9

(BY SRI.VEERESHA K, ADVOCATE FOR SRI. CHANDRASHEKAR H B, ADVOCATE)

¶10

AND:

¶11

Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

¶12

THE STATE OF KARNATAKA

¶13

REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT AMBEDKAR VEEDHI BENGAURU -560 001

¶14

THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT RAMANAGAR-562159

¶15

TAHASILDAR KANAKAPURA TALUK KANAKAPURA RAMANAGARA DIST-562117

¶16

¶17

WP No. 3325 of 2023

¶18

ASSISTANT DIRECTOR OF LAND RECORDS KANAKAPURA TALUK RAMANAGAR DISTRICT - 562117

¶19

…RESPONDENTS

¶20

(BY SRI.SHOWRI H.R, AGA)

¶21

THIS WRIT PETITION IS FILED PRAYING TO DIRECTING RESPONDENTS NO.2 TO 4 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 14/11/2022 PRODUCED AT ANNEXURE-G AND ETC.

¶22

THIS PETITION, COMING ON FOR PRELIMINARY

¶23

HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

¶24

ORDER

¶25

Learned AGA accepts notice for respondent Nos.1 to 4.

¶26

Heard learned counsel for the petitioner and learned AGA

¶27

for respondent Nos.1 to 4. Perused the writ petition papers.

¶28

Learned counsel for the petitioner is before this Court praying for a writ of mandamus directing respondent Nos.1 to 4 to consider the representation of the petitioner dated 14.11.2022 vide Annexure-G and to make necessary changes in the revenue entries in terms of Annexure-F1.

¶29

¶30

WP No. 3325 of 2023

¶31

The petitioner claims that he is the owner in possession and enjoyment of the agricultural land bearing Sy. No.206/6 measuring 4 acres 27 guntas situated at Yalagalli Village, Uyamballi Hobli, Kanakpura Taluk, Ramanagar District. The land measuring 2 acres in the above said survey number was the subject matter of O.S.No.465/2014 for specific performance and the same is pending in appeal before the Hon’ble Apex Court in SLP No.20918/2021.

¶32

The learned counsel for the petitioner submits that the petitioner submitted a representation dated 14.11.2022 to respondent No.2 – Deputy Commissioner requesting durasti work in the remaining land i.e., 2 acres 27 guntas in Sy. No.206/6. The learned counsel for the petitioner submits that the respondents are not considering the application of the petitioner only on the ground of pendency of the above stated SLP before the Hon’ble Apex Court. Learned counsel would submit that only 2 acres of land in Sy. No.206/6 is involved in the above said SLP and there is no impediment for the respondents Authorities to consider the durasthi work in respect of the remaining 2 acres 27 guntas of land in Sy. No.206/6.

¶33

¶34

WP No. 3325 of 2023

¶35

Per contra , the learned AGA would submit that earlier, the petitioner had requested for durasti work of entire extent of land i.e., 4 acres 27 guntas in Sy. No.206/6, which was refused by the respondents. Now, the petitioner has requested for durasti work in respect of the remaining extent of land in terms of Annexure-G and the same would be considered in accordance with law.

¶36

The petitioner claims that he is the owner in possession

¶37

and enjoyment of the land measuring 4 acres 27 guntas in Sy. No.206/6 situated at Yalagalli Village, Uyamballi Hobli, Kanakpura Taluk, Ramanagar District. Admittedly, the land measuring 2 acres is the subject matter of O.S.No.465/2014, which is now pending before the Hon’ble Apex Court in SLP No.20918/2021. The learned counsel for the petitioner at Annexure – G dated 14.11.2022 has requested for durasti work of the remaining land to an extent of 2 acres 27 guntas in Sy. No.206/6. For considering the petitioner’s request in respect of the remaining land, there is no impediment.

¶38

The Government in the Revenue Department issued a circular bearing No.Kam.E10/BhodaAa2022 dated 15.10.2022,

¶39

¶40

WP No. 3325 of 2023

¶41

wherein it is stated that every person is required to make an application for survey, phodi or durasti only through on-line. Therefore, it is open for the petitioner to make on-line application requesting durasti work in respect of the remaining 2 acres 27 guntas in the land bearing Sy. No.206/6 and if such application is submitted, respondent No.3 – Tahasildar shall consider the same and pass appropriate orders in accordance with law.

¶42

Accordingly, the writ petition stands disposed off .

¶43

Sd/JUDGE

¶44

NBM List No.: 1 Sl No.: 27

Sri Shivaraju v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Shivaraju 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

Mr R Anand Alias Anand Reddy Vs Mr Azmathulla Shariff

Narashimaiah Vs the Tahsildar

Smt Gayithramma Vs State of Karnataka

Sri Shankar Pachan Patel Vs the Assistant Commissioner

Rathanamma Vs the State of Karnataka

Sri Narasappa Vs State of Karnataka