Allowed

Smt. Narasamma v. the Deputy Commissioner

Karnataka HC29 Mar 2023WP/4596/2023

Case brief

AI extract

What is this about?

Writ petition filed seeking direction to carry out phodi and durasth work on land. Court directed respondents to consider the petitioner's application and pass an appropriate order within four months before disposing of the petition.

What did the court decide?

Respondents No. 4 and 5 directed to consider the petitioner's application for phodi and durasth work and pass appropriate order within four months.

Smt. Narasamma Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2023)

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WP No. 4596 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 4596 OF 2023 (KLR-RES)

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BETWEEN:

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SMT. NARASAMMA W/O LATE SRI NARASIMHAIAH AGED ABOUT 68 YEARS R/AT BHEEMANAKUPPE RAMOHALLI, KENGERI HOBLI BENGALURU SOUTH TALUK BENGALURU – 560060.

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…PETITIONER

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(BY SRI SOMASHEKARA K M, ADV.)

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AND:

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU – 560001.

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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DEPUTY DIRECTOR OF LAND RECORDS BENGALURU SOUTH TALUK BENGALURU SOUTH DISTRICT BENGALURU – 560001.

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ASSISTANT COMMISSIONER BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT BENGALURU – 560001.

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TAHSILDAR BENGALURU SOUTH TALUK BENGALURU - 560001.

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ASSISTANT DIRECTOR OF LAND RECORDS

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WP No. 4596 of 2023

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BENGALURU SOUTH TALUK BENGALURU – 560001.

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…RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO 5 TO CARRY OUT/CONDUCT PHODI AND DURASTH IN RESPECT OF SURVEY NUMBER 153/1 (SY.NO.153) MEASURING 3 ACRES 20 GUNTAS SITUATED AT THAVAREKERE VILLAGE, THAVAREKERE HOBLI-2, BENGALURU SOUTH TALUK IN TERMS OF REPRESENTATION DATED 28.08.2008 AND 14.12.2022 VIDE ANNEXURES-C AND J RESPECTIVELY.

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

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ORDER

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Learned Additional Government Advocate accepts notice for respondent Nos.1 to 5.

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Though the matter is listed for Preliminary

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Hearing, with the consent of learned counsel for the parties, matter is taken up for final disposal.

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Heard the learned counsel Sri.Somashekara.K.M., for petitioner and learned Additional Government Advocate Sri.H.R.Showri for

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respondents. Perused the writ petition papers.

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WP No. 4596 of 2023

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Learned counsel for the petitioner would submit

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that petitioner is the owner in possession and enjoyment of land in Sy.No.153/1 of Thavarekere Village, Thavarekere Hobli, Bengaluru South Taluk to an extent of 3 acres 20 guntas. Learned counsel would further submit that occupancy right was granted to one Sri.Maregowda in they year 1977 and he sold the property under registered sale deed dated 22.06.2006 in favour of the husband of petitioner Sri.Narasimhaiah. Said Narasimhaiah died on 11.11.2011 and subsequently, petitioner’s name is entered in the RTC under M.R.No.H20/2015-16. It is the grievance of the petitioner that request of petitioner for phodi is not considered. Further, he submits that in terms of Annexure-H Circular dated 15.10.2022, petitioner’s application for phodi submitted online is not accepted. Therefore, he submits that petitioner made representation at Annexure-J dated 14.12.2022. Learned counsel would submit that respondents be directed to consider the petitioner’s representation/application at Annexure-J dated

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WP No. 4596 of 2023

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14.12.2022 requesting for phodi and durasth work of the land in Sy.No.153/1 measuring 3 acres 20 guntas situated at Thavarekere Village, Thavarekere Hobli, Bengaluru South Taluk.

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On the other hand, learned Additional Government Advocate would submit that since the petitioner’s representation at Annexure-J dated 14.12.2022 states that the petitioner has enclosed all the

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relevant documents, same would be considered in accordance with law, within a time to be fixed by this Court.

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The name of the petitioner is reflected in

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Column No.9 in pursuance to M.R.No.H20/2015-16 in respect of land in Sy.No.153/1 measuring 3 acres 20 guntas situated at Thavarekere Village, Thavarekere Hobli, Bengaluru South Taluk. The petitioner’s request for phodi under Annexure-J representation/application is pending consideration before the respondent No.4 – Tahasildar. The Tahasildar has legal obligation to consider the same in

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WP No. 4596 of 2023

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accordance with law. The phodi and durasth work is to be effected or to be carried out by respondent Nos.4 and 5. Hence, the following:

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ORDER

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Respondent Nos.4 and 5 are directed to consider Annexure-J, representation/application of the petitioner for phodi and durasth work of land in Sy.No.153/1 measuring 3 acres 20 guntas situated at Thavarekere Village, Thavarekere Hobli, Bengaluru South Taluk and pass appropriate order in accordance with law, within a period of four months from the date of receipt of a copy of this order.

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With the above, writ petition stands disposed of.

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Sd/JUDGE

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NC CT:bms List No.: 1 Sl No.: 34

Smt. Narasamma v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Smt. Narasamma v. the Deputy Commissioner

Case brief

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What did the court decide?

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