Disposed

Jayanna v. the Deputy Commissioner

Karnataka HC27 Nov 2024WP/18167/2024

Case brief

AI extract

What is this about?

A landowner sought direction to authorities to conduct phodi and durasti of his land as no action was taken on his representation. The State agreed to consider a fresh representation with particulars; the court disposed of the petition directing consideration within six months.

What did the court decide?

Liberty to file fresh representation; respondents 4 and 5 directed to conduct phodi and durasti within six months.

Jayanna Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:48473 WP No. 18167 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 18167 OF 2024 (KLR-RR/SUR)

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BETWEEN:

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JAYANNA, S/O ERAPPA, AGED ABOUT 72 YEARS, SANTHE MYDANA, KANDIKERE, KANDIKERE POST, KANDIKERE HOBALI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572 228.

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…PETITIONER

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(BY SRI. B.G.VIJAYAKUMARA SWAMY, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, TUMKUR,TUMKUR DISTRICT-572 101.

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Digitally signed by CHAITHANYA K Location: High Court of Karnataka

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THE DEPUTY DIRECTOR OF LAND RECORDS, ROOM NO.213, 2^ND FLOOR, DISTRICT ADMINISTRATIVE SOUDA, TUMKUR, TUMKUR DISTRICT-572 101.

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THE ASSISTANT COMMISSIONER, TIPTUR SUB DIVISION, TIPTUR, TUMKUR DISTRICT-572 101.

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THE TAHASILDAR, CHIKKANAYAKANAHALLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572 218,

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THE ASSISTANT DIRECTOR OF LAND RECORDS, TALUK OFFICE, CHIKKANAYAKANAHALLI,

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NC: 2024:KHC:48473 WP No. 18167 of 2024

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CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT-572 218.

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…RESPONDENTS

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(BY SMT. B.P.RADHA, AGA)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AND REQUESTING TO CONDUCT THE DURASTI AND SEPARATE SURVEY SKETCH IN RESPECT OF THE PROPERTY IN QUESTION AS PER THE ANNEXURE-F DATED 20.03.2023 AND ALLOW THIS WRIT PETITION.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.I.ARUN

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ORAL ORDER

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The petitioner has made a request for conducting

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phodi and durasti of his land. As no action has been taken on his representation, present writ petition is filed with a prayer to direct the authorities concerned to conduct necessary phodi and durasti of his land.

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Learned AGA appearing for the respondents upon instructions, submits that the representation given by the petitioner is bald and does not include any documents and if the petitioner were to file a fresh representation along with all the necessary particulars, his request will be

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3 - NC: 2024:KHC:48473 WP No. 18167 of 2024

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considered in accordance with law. Her submission is placed on record.

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Hence, the following:

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ORDER

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i) Petitioner is given the liberty to submit a fresh representation including all the necessary particulars to respondent No.4;

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ii) Upon receipt of such representation, respondent Nos.4 and 5 are hereby directed to consider the representation of the petitioner and act upon it on seniority basis by conducting necessary phodi and durasti. Same shall be done within a period of six months from the date of receipt of such representation along with a certified copy of this order;

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iii) The writ petition is disposed of accordingly.

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Sd/(M.I.ARUN) JUDGE

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PGG

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List No.: 1 Sl No.: 4

Jayanna v. the Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Jayanna v. the Deputy Commissioner

Case brief

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What did the court decide?

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