Disposed

Sree Siddaganga Math v. State of Karnataka

Karnataka HC18 Sept 2024WP/24758/2024

Case brief

AI extract

What is this about?

A Mutt, granted 48 acres across survey numbers in Doddaballapura Taluk in 1972 and mutated in revenue records, sought mandamus to consider its representations for land measurement and boundary fixing. The State said online applications were required; the court directed the petitioners to apply online with fees and the Tahsildar with the Assistant Director of Land Records to conduct phodi and duras

What did the court decide?

Petitioners to file online phodi/durasti applications within four weeks; Tahsildar with ADLR to conduct proceedings within six months after notifying interested parties.

Sree Siddaganga Math Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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NC: 2024:KHC:38330 WP No. 24758 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^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.24758 OF 2024 (KLR-RES)

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BETWEEN:

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SREE SIDDAGANGA MATH REPRESENTED BY ADMINISTRATIVE OFFICER S.VISHWANATHIAH AGED ABOUT 84 YEARS SIDDAGANGA MATA ROAD SRI.SIDDAGANGA KSHETRA TUMAKURU KARNATAKA 572104

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Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

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SREE SIDDAGANGA EDUCATIONAL SOCIETY REPRESENTED BY ITS SECRETARY T K NANJUNDAPPA AGED ABOUT 85 YEARS SIDDAGANGA MATA ROAD SRI SIDDAGANGA KSHETRA TUMAKURU

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KARNATAKA 572 104 MYSORE REGISTRATION ACT NO.17/1960 UNDER REGISTERED

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…PETITIONERS

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(BY SRI. PRABHULING K. NAVADGI, SENIOR ADVOCATE FOR SMT.SANJEEVINI PRABHULING NAVADGI, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS

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2 - NC: 2024:KHC:38330 WP No. 24758 of 2024

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REVENUE SECRETARY DEPARTMENT OF LAND REVENUE M S BUILDING

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BENGALURU - 560001

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DEPUTY COMMISSIONER DISTRICT ADMINISTRATIVE BHAVAN BEERASANDRA VILLAGE DEVANAHALLI TALUK DODDABALLAPURA BENGALURU RURAL DISTRICT - 562 110

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TAHSILDAR

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DODDABALLAPURA TALUK

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BENGALURU RURAL - 561 203

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ASSISTANT DIRECTOR OF LAND RECORDS DODDABALLAPURA TALUK

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BENGALURU RURAL DISTRICT - 561203

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…RESPONDENTS

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(BY SRI.HARISHA A.S, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE REQUEST MADE BY THE PETITIONER IN THE REPRESENTATION MADE TO R2 AND 3 DATED 26/05/2015, 23/09/2021 AND 03/05/2022 VIDE ANNX-A TO A3, IN ACCORDANCE WITH LAW AND PASS SUITABLE ORDERS WITHIN A TIME SPAN PRESCRIBED BY THIS HONBLE COURT AND ETC.

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3 - NC: 2024:KHC:38330 WP No. 24758 of 2024

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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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The captioned writ petition is filed seeking

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mandamus against respondent Nos.2 and 3 to consider the representations evidenced at Annexures-A to A.3 and pass

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appropriate orders within a time span that would be contemplated by this Court.

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2. Heard learned Senior Counsel appearing for the petitioners and learned AGA appearing for the

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respondents.

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3. The petitioners – Mutt are tracing right over the petition land based on the grant made by the Competent Authority vide order dated 14.06.1972 thereby allotting 24 acres of land ( 12 acres in Sy. No.39 and 12 acres in Sy. *No. 40 ) situated at Purusanahally Village, Doddaballapura

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Taluk. The petitioners – Mutt are also placing reliance on

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* corrected vide Court order dated 16/12/2024

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NC: 2024:KHC:38330 WP No. 24758 of 2024

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the order dated 20.06.1972 allotting 24 acres of land in Sy. No.20 at Bhadrapura Village, Doddaballapura Taluk. The petitioners - Mutt contend that pursuant to the allotment, the respondents called upon the petitioners – Mutt to make payment of Rs.4,80,000/- towards allotment of the aforesaid lands. The petitioners – Mutt assert that requisite payment is made and the same is evidenced as per the receipts, which are placed on record vide Annexure-F. Pursuant to the requisite payment, the respondents Authorities have effected mutation in the revenue records. The petitioners – Mutt name is duly reflected in the RTC pertaining to the petition lands.

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4. The petitioners - Mutt are aggrieved by inaction on the part of respondents in not considering the representation tendered to respondent No.2 - Deputy Commissioner and respondent No.3 - Tahasildar to measure the lands and fix boundaries.

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5. Learned AGA, though acknowledges that the lands are allotted to the petitioners in accordance with

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5 - NC: 2024:KHC:38330 WP No. 24758 of 2024

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law, he would point out that the petitioners – Mutt could not have submitted physical applications. He would further point out that the Authorities cannot take cognizance of the physical applications seeking phodi and durasti. Since the lands in question are granted, the petitioners are required to tender on-line applications with requisite fees.

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6. Learned AGA, on instructions, submits that in the event petitioners – Mutt submits on-line applications with requisite fees, respondent No.4 will conduct survey phodi and durasti proceedings in accordance with law.

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7. Recording the assurance given by the learned AGA, this Court proceeds to pass the following;

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ORDER

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(i) The petitioners - Mutt shall submit on-line applications in the manner prescribed under Rules along with requisite fee requesting for phodi and durasi within a period of four weeks from the date of receipt of order copy.

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NC: 2024:KHC:38330 WP No. 24758 of 2024

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(ii) If such on-line applications are submitted along with requisite fees, respondent No.3 – Tahasildar in co-coordination with the jurisdictional Assistant Director of Land Records shall conduct phodi and durasti in accordance with law after notifying all the interested parties.

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(iii) This exercise shall be accomplished within a period of six 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.: 24

Sree Siddaganga Math v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Sree Siddaganga Math v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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