Allowed

Smt. Thimmakka v. the State of Karnataka

Karnataka HC11 Sept 2024WP/23663/2024

Case brief

AI extract

What is this about?

Petitioners holding title via a decreed suit (O.S.No.201/1988) sought phodi and boundary demarcation by land records authorities. The court noted prior directions were ignored, found dereliction of duty by respondent No.4, issued fresh directions to respondents 3 and 4 to effect phodi within three months.

What did the court decide?

Respondents 3 and 4 directed to effect phodi proceedings per decree in O.S.No.201/1988 within three months; ADLR may seek police aid on interference.

Smt. Thimmakka Vs the State of Karnataka — Land Acquisition | Karnataka HC (2024)

¶1

1 - NC: 2024:KHC:37245 WP No. 23663 of 2024

¶2

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF SEPTEMBER, 2024

¶3

BEFORE

¶4

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.23663 OF 2024 (KLR-RES)

¶5

BETWEEN:

¶6

SMT. THIMMAKKA W/O. LATE MUNISWAMAPPA AGED ABOUT 65 YEARS

¶7

SMT.LAKSHMI D/O LATE MUNISWAMAPPA AGED ABOUT 46 YEARS

¶8

SMT.PADMA D/O LATE MUNISWAMAPPA AGED ABOUT 34 YEARS

¶9

SRI.SHANKAR @ NAGARAJ D/O LATE MUNISWAMAPPA AGED ABOUT 33 YEARS

¶10

Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA

¶11

ALL ARE RESIDING AT MAGERI (V) BANGARPET TALUK KOLAR DISTRICT - 563102

¶12

…PETITIONERS

¶13

(BY SRI. VENKATA REDDY C M, ADVOCATE)

¶14

AND:

¶15

THE STATE OF KARNATAKA REPRESENTED BY ITS

¶16

¶17

NC: 2024:KHC:37245 WP No. 23663 of 2024

¶18

SECRETARY TO GOVERNMENT REVENUE DEPARTMENT VIDHANA SOUDHA

¶19

BENGALURU - 560 001.

¶20

THE JOINT COMMISSIONER OF LAND RECORDS K.R.CIRCLE BENGALURU - 560 001

¶21

THE DEPUTY DIRECTOR OF LAND RECORDS KOLAR DISTRICT KOLAR- 563101

¶22

THE ASSISTANT DIRECTOR OF LAND RECORDS KOLAR TALUK KOLAR- 563101

¶23

…RESPONDENTS

¶24

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

¶25

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R1 AND 4 TO CONSIDER THE APPLICATION OF THE PETITIONERS TO CONDUCT A PHODI, MAKE TIPPANI, AKARBADH, AND FIX A BOUNDARIES AND PREPARE SKETCH OF SCHEDULE LANDS IN FAVOR OF THE PETITIONERS VIDE ANNX-F DTD 20.08.2023 FORTHWITH AS REQUESTED THEREIN, IN ACCORDANCE WITH LAW AND ETC.

¶26

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

¶27

3 - NC: 2024:KHC:37245 WP No. 23663 of 2024

¶28

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

¶29

ORAL ORDER

¶30

Learned AGA is directed to accept notice for

¶31

respondents.

¶32

The captioned writ petition is filed seeking

¶33

mandamus against respondent Nos.1 and 4 to consider the petitioners representation to conduct phodi and fix boundaries in terms of the judgment and decree rendered in O.S.No.201/1988.

¶34

Heard learned counsel appearing for the

¶35

petitioners and learned AGA.

¶36

The petitioners basing their claim on the

¶37

registered Will executed by one Chowdamma in favour of Muniswamppa, who is the husband of petitioner No.1 and father of respondent Nos.2 to 4, filed a comprehensive suit

¶38

in O.S.No.201/1988 seeking declaration based on the registered Will. The said suit is decreed by the judgement

¶39

¶40

NC: 2024:KHC:37245 WP No. 23663 of 2024

¶41

and decree dated 31.03.1995. The judgment rendered in O.S.No.201/1988 is confirmed by the Appellate Court in R.A.No.33/1995. The petitioners are aggrieved by inaction on the part of respondent Nos.1 and 4 in not effecting phodi based on the decree rendered in favour of the petitioners. The petitioners contend that there are other co-owners and therefore, request is made by submitting representations to effect phodi proceedings. This Court in Writ Petition No.24400/2023 has already issued directions to respondent No.4 - Assistant Director of Land Records to

¶42

look into the application and effect phodi proceedings in accordance with law.

¶43

Learned AGA, on instructions, submits that phodi

¶44

will be conducted on taking note of the rights declared in O.S.No.201/1998.

¶45

The petitioners having acquired valid right and

¶46

title pursuant to the decree rendered by the Competent Civil Court are entitled to demarcate and fix the

¶47

5 - NC: 2024:KHC:37245 WP No. 23663 of 2024

¶48

boundaries to the lands allotted to their respective portions that was the subject matter of the suit. The judgement and decree rendered in 1991 is confirmed by the Appellate Court. The petitioner is made to run from pillar to post, who is seeking phodi in terms of the judgment and decree rendered in O.S.No.201/1998. The petitioners, who have succeeded before the competent Civil Court, have a legal right to seek phodi and durasti. Equally, respondent No.4 is obligated to effect phodi proceedings by taking note of the judgment and decree rendered in O.S.No.201/1998. Though there was a specific direction by this Court, there is a clear laxness on the part of respondent No.4 - Assistant Director of Land Records.

¶49

This is a clear case of dereliction of duty on the part of respondent No.4. By way of final indulgence, this Court is inclined to issue fresh direction to respondent No.4 making it clear that any laxness henceforth will be seriously viewed and appropriate action will be initiated against respondent No.4.

¶50

¶51

NC: 2024:KHC:37245 WP No. 23663 of 2024

¶52

For the reasons stated supra, this Court proceeds

¶53

to pass the following;

¶54

ORDER

¶55

(i) The writ petition is allowed.

¶56

(ii) Respondent* Nos.3 and 4 is hereby directed to effect phodi proceedings in respect of the petition land by taking cognizance of the judgment and decree rendered in O.S.No.201/1988.

¶57

(iii) This exercise shall be accomplished within a period of three months from the date of receipt of order copy.

¶58

(iv) If there is any interference, it is open for respondent No.4 - *ADLR to seek aid of the jurisdictional Police Officer to complete the survey work.

¶59

SD/(SACHIN SHANKAR MAGADUM) JUDGE

¶60

NBM

¶61

List No.: 1 Sl No.: 16

¶62

Corrected vide Court Order dated 16.01.2025.

Smt. Thimmakka v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Thimmakka v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sri C Chethan Kumar Vs the Deputy Commissioner

Arnold Mendonca Vs the Deputy Commissioner

Sri. Venkatachalaiah Vs the State of Karnataka

Sri. G N Devaraj Vs the Assistant Commissioner and Sub Divisional Magistrate

Mrs. Saphia Vs State of Karnataka

Sri Chikka Seethappa Vs the Deputy Commissioner