Allowed

Smt Puttathayamma v. State of Karnataka

Karnataka HC12 Sept 2024WP/24665/2024

Case brief

AI extract

What is this about?

Petitioner sought a direction to revenue authorities to act on her online applications for phodi and durasti of lands in Malavalli Taluk, alleging inaction in conducting survey. The High Court allowed the petition and directed the survey to be completed within three months with advance notice.

What did the court decide?

Respondents directed to effect phodi and durasti on the online applications dated 14.12.2023 and 28.07.2024; survey by respondent No.5 with advance notice, within three months.

Smt Puttathayamma Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:37354 WP No. 24665 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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WRIT PETITION NO.24665 OF 2024 (KLR-RES)

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BETWEEN:

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SMT.PUTTATHAYAMMA W/O LATE MARIMADAIAH AGED ABOUT 52 YEARS R/AT KANDEGALA VILLAGE KASABA HOBLI MALAVALLI TALUK MANDYA DISTRICT - 571401

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…PETITIONER

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(BY SRI.ABHISHEK ARUN KUMAR, ADVOCATE)

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AND:

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STATE OF KARNATAKA

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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REPRSENTED BY ITS SECRETARY

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REVENUE DEPARTMENT VIKAS SOUDHA DR.B.R.AMBEDKAR VEEDHI VIDHANA SOUDHA BANGALORE - 560 001

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THE DEPUTY COMMISSIONER MANDYA DISRICT MANDYA - 571 401

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THE ASSISTANT COMMISSIONER MANDYA SUB DIVISON MANDYA - 571 401

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NC: 2024:KHC:37354 WP No. 24665 of 2024

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THE TAHSILDAR MALAVALLI TALUK MALAVALLI MANDYA - 571 401

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ASSISTANT DIRECTOR FOR SETTLEMENT AND LAND RECORDS MALAVALLI TALUK MANDYA - 571 401

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…RESPONDENTS

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

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE RESPONDENTS FORTHWITH ACT ON THE ONLINE APPLICATIONS DTD 14.12.2023 AND 28.07.2024 FILED BY THE PETITIONER FOR PODI VIDE ANNEXURE-J AND J1 AND THEREBY CARRY OUT THE PHODI AND DHURASTH OF THE LANDS BEARING SY NO.164 MEASURING 1 ACRE 21 GUNTAS AND SY NO.165 MEASURING 33 GUNTAS SITUATED AT GULAGHATTA, MALAVALLI TALUK, KASABA HOBLI, MANDYA AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Learned AGA accepts notice for respondents.

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3 - NC: 2024:KHC:37354 WP No. 24665 of 2024

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Heard learned counsel appearing for the

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petitioners and learned AGA.

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Facts leading to the case are as under;

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The subject matter of the petition lands are the

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lands bearing Sy. No.164/B measuring 1 acre 21 guntas and Sy. No.165/B measuring 33 guntas situated at Gulaghatta, Malavalli Taluk, Kasaba Hobli, Mandya District. The petitioner asserts that the petition lands are ancestral properties of the petitioner's family. The petitioner claims that one Linge Gowda @ Kumtege Gowda transferred the petition lands with other properties in favour of his daughter-in-law namely Subbamma through family settlement executed in 1956. The petitioner further asserts that after demise of Subbamma, the properties devolved on her elder son namely Shiva Lingaiah. Shiva Lingaiah has transferred the properties to his wife Lingamma @ Nagamma. The said Nagamma with the consent of her family members has transferred the said

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NC: 2024:KHC:37354 WP No. 24665 of 2024

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properties to the petitioner herein. Though petitioner's name is mutated in the RTC, the petitioner intends to secure phodi and accordingly, on-line representation is submitted by the petitioner evidenced at Annexures-J and J.1. The petitioner is aggrieved by inaction on the part of the respondents in not conducting survey and effecting phodi.

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Learned AGA, on instructions, submits that though Survey Authorities visited the land to effect phodi,

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since interested parties failed to participate in the survey, the survey was not concluded. The learned AGA would further point out that if the present petitioner is willing to participate in the survey on the notified date, the Survey Authorities are ready to effect phodi.

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Recording the submissions made by the learned AGA, this Court proceeds to pass the following;

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NC: 2024:KHC:37354 WP No. 24665 of 2024

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ORDER

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(i) The writ petition is allowed.

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(ii) Respondents are hereby directed to effect phodi and durasti by considering the on-line applications dated 14.12.2023 and 28.07.2024.

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(iii) Respondent No.5 shall conduct survey by notifying the petitioner in advance of the date and time of survey.

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(iv) This exercise shall be accomplished 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.: 7

Smt Puttathayamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Puttathayamma v. State of Karnataka

Case brief

What is this about?

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