Writ petition disposed of, refusing separate khata issuance for land without prior phodi alignment by survey authorities. Liberty reserved to approach competent survey authorities.
Liberty reserved to approach competent survey authorities for phodi and durasti.
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NC: 2024:KHC:35963 WP No. 20376 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 20376 OF 2024 (KLR-RR/SUR)
BETWEEN:
SON OF MADUGIRI HANUMANTHA BOVI, AGED ABOUT 62 YEARS, RESIDING AT 35, BOMMENAHALLI, VADARAHATTI, AMARAGIRI, HASSAN - 573 103.
RESIDING AT 35, BOMMENAHALLI, VADARAHATTI, AMARAGIRI, HASSAN - 573 103.
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. N.S. SRIRAJ GOWDA, ADVOCATE)
AND:
ARASIKERE, HASSAN DISTRICT, HASSAN - 573 103, KARNATAKA.
…RESPONDENTS
(BY SRI. A.S. HARISH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R4, TO CONSIDER THE REPRESENTATION DATED 30.3.24, ISSUED BY THE PETITIONERS, AND PASS SUITABLE ORDERS, BY EFFECTING KHATA IN THE NAME OF THE PETITIONERS (ANNEXURE-D).
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 respondentsState.
The captioned petition is filed seeking mandamus against respondent No.4, to consider the representation dated 30.03.2024 and to issue khatha individually to all the petitioners.
are 34 grantees in Sy.No.37/7, which totally measurs 11 acres 17 guntas after excluding 8 guntas of 'A' kharab and 18 guntas of 'B' kharab. If there are 34 grantees, the petitioners representation at this juncture cannot be entertained and no separate khatha can be issued unless the survey authorities effect phodi aligning with the extent indicated in the grant order issued to each of the grantees. Therefore, the petitioners are not entitled to seek mandamus at this juncture and a separate khatha cannot be issued. However, liberty is reserved to the petitioners and all other grantees to approach the competent survey authorities and make a request for phodi and durasti in terms of the grant order and extents reflected in the individual grants to each of the petitioner.
Reserving liberty the writ petition stands disposed of.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
HDK List No.: 1 Sl No.: 16 CT: BHK
1 issue framed by the court
Whether separate khata can be issued to individual grantees without prior survey authority action?
1 provisions across 1 enactments
MR. HANUMANTH BOVI
MR. SHANKARAPPA
MR. THIMAPPA
MR. MALLESHA
MS. NAGAMMA
MR. UMESH
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
