Writ petition filed to quash an endorsement rejecting phodi and durasth. Court found laxness in compliance with earlier contempt-dropped undertaking. Ordered respondents to complete phodi and durasth within seven months.
Writ petition allowed; directions issued to respondents to complete phodi and durasth within seven months.
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 4TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 14524 OF 2024 (KLR-RES)
BETWEEN:
SRI. G.K. ANAND KUMAR, S/O LATE SRI. G. KRISHNAPPA, AGED ABOUT 65 YEARS, R/AT NO.190, 3RD BLOCK, 49TH CROSS, RAJAJINAGAR, BENGALURU - 560 010.
…PETITIONER
(BY SRI. SOMASHEKARA K.M, ADVOCATE)
AND:
Digitally signed by YAMUNA K L Location: High Court of Karnataka
NC: 2024:KHC:36115 WP No. 14524 of 2024
BENGALURU NORTH TALUK, BENGALURU - 560 001.
…RESPONDENTS
(BY SRI. HARISHA A.S, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) QUASH THE IMPUGNED ENDORSEMENT DATED 26/12/2023 VIDE NO. LND (Y) CR.255, 314/2022-23 AND RRT (Y) CR/33/23-24 ISSUED BY THE R4 AS FAR AS REJECTING THE REQUEST FOR PHODI AND DURST IN RESPECT OF LAND IN SY. NO. 120/ (SY. NO. 120/1, 2 AND 3) MEASURING 0.31 GUNTAS SITUATED AT LAGGERE VILLAGE, YESHWANTHPURA HOBLI, BENGALURU NORTH TALUK VIDE ANNEXURE-N AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA accepts notice for the respondents.
The captioned petition is filed assailing the impugned
endorsement dated 26.12.2023, issued by respondent No.4 vide Annexure-N and consequently, mandamus is
sought against respondents No.3 to 5 to rectify the anomalies found in columns No.3 and 9 of RTC pertaining to Sy.No.120/* (Sy.No.120/1, 2 & 3), measuring 0.31 guntas situated at Laggere village, Yeshwanthpura Hobli, Bengaluru North Taluk, vide Annexure-D1.
petitioner and learned AGA appearing for the respondents.
affidavit along with endorsement dated 26.12.2023, assuring the Court that after rectifying the extent in column No.3 and also removing the anomalies in column No.9, appropriate steps will be taken to carry out phodi and durasth so as to demarcate and fix boundaries in respect of 0.31 guntas of land in the above said survey number owned by the petitioner. Based on the undertaking given by respondent No.4/Tahasildar and also the endorsement which was placed on record, the contempt court dropped contempt proceedings.
view that there is a clear lack of diligence on the part of respondent No.4/Tahasildar. The authority cannot squat over the application submitted by citizens indefinitely by citing one or the other reasons. If there are anomalies in regard to extent in column No.3 and further column No.9 requires rectification in terms of grant made in favour of several person, they cannot go on postponing the phodi and durasth proceedings. Having given an undertaking
before the contempt court, respondent No.4/Tahasildar is required to expedite the matter and carry out phodi and durasth proceedings. Since there is clear laxness on the part of respondent No.4/Tahasildar, this is a fit case where a mandamus lies.
5. The petitioner, who was acquired right pursuant
to grant made in favour of the petitioner to an extent of 0.31 guntas, is entitled to seek phodi and durasth to an extent indicated in the grant order. Respondent No.4/Tahasildar, having tendered an undertaking before the contempt court, is equally obligated to comply the directions issued by this court in the earlier round of litigation and effect phodi and durasth proceedings in the manner known to law. There is a clear laxness on the part of respondents; hence, this Court passes the following:
ORDER
i. The writ petition is allowed;
Sd/(SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 8 CT: BHK
3 issues framed by the court
Whether a mandamus lies against the Tahasildar for failing to carry out phodi and durasth proceedings despite undertaking before the contempt court.
Whether the authority can postpone rectification of anomalies in land records indefinitely citing grant inconsistencies.
Whether the petitioner is entitled to seek phodi and durasth for the extent acquired under the grant order.
SRI. G.K. ANAND KUMAR
THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE
THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT
THE ASSISTANT COMMISSIONER, BENGALURU NORTH TALUK
THE TAHSILDAR, BENGALURU NORTH TALUK
THE ASSISTANT DIRECTOR OF LAND RECORDS, BENGALURU NORTH TALUK
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
