Disposed

Sri. Sadananda v. State of Karnataka

Karnataka HC3 Jun 2024WP/6613/2024

Case brief

AI extract

What is this about?

Petitioners sought quashing of a Tahsildar's endorsement that wrongly directed them to appeal instead of processing Phodi and Hudbasth applications for land with confirmed occupancy rights in favour of deceased-Girija. The High Court set aside the endorsement and directed mutation of records in favour of her legal heirs within two months.

What did the court decide?

Endorsement dated 02.03.2023 set aside; Tahsildar directed to process Phodi/Hudbasth applications and enter names of deceased-Girija's legal representatives in revenue records within two months.

Sri. Sadananda Vs State of Karnataka — Land Acquisition | Karnataka HC (2024)

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1 - NC: 2024:KHC:18707 WP No. 6613 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 3^RD DAY OF JUNE, 2024

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BEFORE

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THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.6613 OF 2024 (KLR-RES)

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BETWEEN:

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SRI. SADANANDA S/O SMT. GIRIJA AGED ABOUT 56 YEARS

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SMT. DEVAKI D/O SMT. GIRIJA AGED ABOUT 54 YEARS

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SMT. AMITHA D/O SMT. GIRIJA AGED ABOUT 52 YEARS

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SRI. CHANDRASHEKAR S/O SMT. GIRIJA AGED ABOUT 50 YEARS

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Digitally signed by SHARMA ANAND CHAYA

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SRI. SUNIL S/O LATE VASANTHI AGED ABOUT 37 YEARS

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Location: High Court of Karnataka

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SRI SUDESH S/O LATE VASANTHI AGED ABOUT 35 YEARS

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SRI. SANATH S/O LATE VASANTHI AGED ABOUT 32 YEARS

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ALL ARE RESIDING AT KELLARRAIKODI, POOJARY HOUSE,

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NC: 2024:KHC:18707 WP No. 6613 of 2024

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THIRUVAIL VILLAGE VARMANJOOR POST MANGALURU TALUK D.K. DISTRICT - 575 028.

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…PETITIONERS

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(BY SRI. ROOPESHA B, ADVOCATE)

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AND:

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STATE OF KARNATAKA REPTD., BY ITS SECRETARY TO DEPARTMENT OF REVENUE M.S. BUILDING DR.B.R. AMBEDKAR ROAD BENGALURU - 560 001

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THE ASSISTANT COMMISSIONER MANGALURU TALUK MANGALURU - 575 001 DAKSHINA KANNADA DISTRICT

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THE TAHSILDAR MANGALURU TALUK MANGALURU - 575 001 DAKSHINA KANNADA DISTRICT

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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 ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE R3 PERTAINING TO ENDORSEMENT IN NO.P.R.M/CR482/2022-23 DATED 02/03/2023 AND QUASH THE ENDORSEMENT ISSUED BY THE R3 NO. P.R.M./CR482/2022-23 ON 02/03/2023 AND FURTHER DIRECT THE R3 TO EFFECT KHATH IN THE NAME OF THE PETITIONERS IN RESPECT OF LAND BEARING SY. NO. 36/2P

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NC: 2024:KHC:18707 WP No. 6613 of 2024

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MEASURING 0.90 ACRES OF THIRUVALI VILLAGE, MANGALURU TALUK VIDE ANNEXURE-G AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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In this writ petition, the petitioners are assailing the Endorsement dated 02.03.2023 issued by the respondent No.3 herein, inter-alia seek direction to the respondents to consider the representations made by the petitioners, for conducting Phodi and Hudbasth as per Annexure-H series.

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Heard the learned counsel appearing for the parties.

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Having heard the learned counsel appearing for the parties, I have carefully examined the Endorsement dated 02.03.2023 issued by respondent No.3, wherein, this court has confirmed the occupancy rights in respect of land in question in Sy.No.36/2P of Thiruvail Village, Mangalore Taluk, in favour of Smt. Girija. In that view of the matter, as it is stated in the impugned endorsement

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NC: 2024:KHC:18707 WP No. 6613 of 2024

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itself that, this court has granted occupancy rights in respect of Smt Girija, I am of the opinion that, respondent No.3 should not have directed the parties to file appeal before the respondent No.2 herein. Taking into consideration of the facts, I am of the opinion that, the respondent No.3 has committed an error in issuing Endorsement dated 02.03.2023, which requires to be set aside and matter be remanded to respondent No.3 herein to consider the applications made by the petitioners as per Annexure-H series, seeking Phodi and Hadbasth at the earliest. Having arrived at a conclusion to set aside the Endorsement dated 02.03.2023, respondent No.3 is directed to enter the name of the legal representatives of the deceased-Girija in the revenue records within an outer limit of two months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of .

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Sd/JUDGE

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SB:List No.: 1 Sl No.: 17

Sri. Sadananda v. State of Karnataka

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Sri. Sadananda v. State of Karnataka

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