Allowed

C D Mukundappa v. State of Karnataka

Karnataka HC21 Sept 2024WP/2046/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a writ petition filed by an individual seeking directions to conduct survey and demarcation proceedings on his lands. The Court directed the Revenue Authorities to undertake the required phodi and durasti proceedings within three months, noting that administrative excuses cannot justify indefinite delays.

What did the court decide?

The respondents are directed to forthwith conduct survey and durasti proceedings, seeking police assistance if necessary, within three months.

C D Mukundappa Vs State of Karnataka — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:39076 WP No. 2046 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.2046 OF 2023 (KLR-RES)

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BETWEEN:

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C.D.MUKUNDAPPA S/O LATE C S DASAPPA AGED ABOUT 47 YEARS R/O GORAKODU VILLAGE BEJJAVALLI POST THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577432

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…PETITIONER

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(BY SRI.P N HARISH, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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REVENUE DEPARTMENT VIDHANA SOUDHA

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BENGALURU - 560 001

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THE TAHASILDAR THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 432

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THE ASSISTANT DIRECTOR OF LAND RECORDS THIRTHAHALLI TALUK SHIVAMOGGA DISTRICT - 577 432

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…RESPONDENTS

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(BY SRI.HARISH A.S, AGA)

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2 - NC: 2024:KHC:39076 WP No. 2046 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R-3 TO CONDUCT AND COMPLETE THE SURVEY OF THE LANDS IN SY.NO.9/1 AND 9/3 OF ALASE VILLAGE, MANDAGADDE HOBLI, THIRTHAHALLI TALUK AS APPLIED BY THE PETITIONER THROUGH APPLICATIONS DATED 27/12/2021 ANNEXURE-D AND D1 WITHIN A REASONABLE PERIOD AS FIXED BY THIS HONBLE COURT AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Learned AGA is directed to accept notice for

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respondents.

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The captioned writ petition is filed seeking a mandamus against respondent No.2 - Tahasildar to conduct phodi and durasti proceedings and demarcate the petitioner's property.

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Heard learned counsel appearing for the petitioner and learned AGA.

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3 - NC: 2024:KHC:39076 WP No. 2046 of 2023

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On examining the records, this Court has noticed that Revenue Authorities are discharging their duty only when specific directions are issued by this Court and the same is evidenced from Annexures-A and B. The petitioner, who is tracing right through a grant made to his father, was made to run pillar to post and had approached this Court seeking directions to the jurisdictional Tahasildar to mutate the petitioner's name and recording the assurance given by the Additional Government Advocate that respondent No.2 - Tahasildar would accomplish mutation effecting changes within four weeks, the writ petition at Annexure - B was disposed by this Court.

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This is the 3^rd round of litigation and the petitioner is again compelled to knock the doors of the Writ Court as there is clear laxness on the part of respondent Nos.2 and 3 in not conducting phodi and durasti proceedings though representation is submitted on 27.12.2021.

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4 - NC: 2024:KHC:39076 WP No. 2046 of 2023

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The case on hand depicts very sorry state of affairs. On perusal of Annexure-E Series, this Court has noticed that respondent Nos.2 and 3 notified the petitioner and other interested parties that survey will be conducted on 27.03.2022. Having fixed date for survey, respondent Nos.2 and 3 for the reasons best known to them have not accomplished survey work.

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Learned AGA justified that action of respondent Nos.2 and 3 on the ground that adjoining owners are not permitting Officials to accomplish the survey work. The reasons assigned by the Officials cannot be acceded to. If there are any obstructions, respondent Nos.2 and 3

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have to seek assistance from the jurisdictional Police Officer and accomplish the survey work. The phodi and durasti proceedings cannot be postponed indefinitely on the premises that the adjoining owners are obstructing the survey work. Therefore, this is a fit case, where mandamus lies.

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NC: 2024:KHC:39076 WP No. 2046 of 2023

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For the reasons stated supra, this Court proceeds

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to pass the following;

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ORDER

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(i) The writ petition is allowed.

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(ii) Respondent Nos.2 and 3 are hereby directed to forthwith conduct survey and durasti proceedings in respect of the petition lands.

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(iii) If need arises, they shall seek assistance from the jurisdictional Police Officers and accomplish the survey work within a period of three months from the date of receipt of order copy.

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SD/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 1

C D Mukundappa v. State of Karnataka

Case brief

What is this about?

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C D Mukundappa v. State of Karnataka

Case brief

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