Petitioners sought a writ of mandamus for a joint survey of land bearing Sy.No.157 and entry of their names in computerized RTCs. The State undertook to conduct the joint survey; the Court recorded the submission, directed notice to petitioners before survey, protected them from dispossession till report, and disposed of the petition.
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NC: 2024:KHC:1202 WP No. 705 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 705 OF 2024 (GM-FOR)
BETWEEN:
Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA
(BY SRI. RAVI SHANKAR K., ADVOCATE)
AND:
NC: 2024:KHC:1202 WP No. 705 of 2024
NO. 442, MS BUILDING, BENGALURU - 560001
…RESPONDENTS
(BY SRI.KIRAN KUMAR, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ISSUE WRIT IN THE NATURE OF MANDAMUS AGAINST R3 TO 6 TO CONDUCT JOINT SURVEY IN THE PRESENT OF THE PETITIONERS IN RESPECT OF PROPERTY BEARING SY. NO.157 MEASURING AN EXTENT OF 4 ACRE EACH OF PEMMASHETTI HALLI VILLAGE, KASABA HOBLI, KOLAR TALUK BY CONSIDERING THE PETITIONERS REPRESENTATIONS DATED 18/07/2023 AT ANNEXURE H1 TO H3 RESPECTIVELY; b) ISSUE WRIT IN THE NATURE OF MANDAMUS AGAINST R4 TO R6 TO INCORPORATE / INSERT THE NAMES OF THE PETITIONERS IN RECENT COMPUTERIZED RTCS IN RESPECT OF PROPERTY BEARING SY. NO.157 MEASURING AN EXTENT OF 4 ACRE EACH OF PEMMASHETTIHALLI VILLAGE, KASABA HOBLI, KOLAR TALUK.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
NC: 2024:KHC:1202 WP No. 705 of 2024
ORDER
The petitioners are before this Court seeking the following prayer:
“ PRAYER
survey.
would be conducted of the property, as is sought for by the
NC: 2024:KHC:1202 WP No. 705 of 2024
petitioners with the help and aid of the Department of Survey Settlements and Land Records.
the petitioners, as sought, is redressed for the present. The joint survey be conducted after issuing notice to the petitioners,
after notifying the petitioners at the time of conduct of such joint survey. Till the joint survey is conducted and a report is furnished to the petitioners, they shall not be dispossessed from the property.
Sd/JUDGE
KG
List No.: 1 Sl No.: 37
1 issue framed by the court
Whether the respondents should be directed to conduct a joint survey of Sy.No.157 and record the petitioners' names in the RTCs?
Smt. Meenakshamma
Smt Puttamma
The Principal Secretary Department of Revenue, State of Karnataka
The Principal Secretary (Forest), Forest, Ecology and Environment Department
The Deputy Conservator of Forests
The Deputy Commissioner Kolar District
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
