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Sri Manjunatha T v Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

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Karnataka HC
2025
Sri Manjunatha T v Vs the State of KarnatakaSri Manjunatha T v. Vs the State of Karnataka

Allowed¶45

Sri Manjunatha T v. Vs the State of Karnataka

Karnataka HC8 Jan 2025WP/25002/2024

Case brief

AI extract

What is this about?

NC: 2025:KHC:525; WP No. 25002 of 2024 (KLR-RR/SUR); High Court of Karnataka at Bengaluru; decided 08.01.2025; Sachin Shankar Magadum J. Mandamus for survey and phodi; pending representation dated 29.05.2024; Sy. No.87 (Old Sy. No.87/22), 32 guntas, Tarahunse Village, Jala 2 Hobli, Yelahanka/Yalahanka Taluk(a), Bengaluru; Grant Order dated 05.02.1982; Saguvali Chit; RTC mutation of legal heirs Manjunatha T V and Shivaraju T V; respondents: State of Karnataka Revenue Department, Deputy Commissioner Bengaluru Urban District, Assistant Commissioner Bangalore North Sub Division, Tahsildar Yelahanka Taluk; six-month compliance timeline; Articles 226 and 227 of the Constitution of India; petitioners' counsel Ajesh Kumar S; HCGP K. Manjunatha.

What did the court decide?

Respondents directed to consider the petitioners' representation dated 29.05.2024 and conduct survey and phodi demarcating 32 guntas in Sy. No.87 (Old Sy. No.87/22) in accordance with law, within six months from receipt of order copy.

Why is it important?

The Court found laxness on the part of the respondents' Authorities in not acting upon the petitioners' representation dated 29.05.2024. ¶37

What the court decided

AI extract

Outcome

Respondents directed to consider the petitioners' representation dated 29.05.2024 and conduct survey and phodi demarcating 32 guntas in Sy. No.87 (Old Sy. No.87/22) in accordance with law, within six months from receipt of order copy.

Issue for consideration

Whether the respondents could be compelled to consider and act upon the petitioners' representation dated 29.05.2024 seeking survey and phodi of land bearing Sy. No.87 measuring 32 guntas at Tarahunse Village, Jala 2 Hobli, Yalahanka Taluka, Bengaluru.

Court's answer

The Court found laxness on the part of the respondents' Authorities in not acting upon the petitioners' representation dated 29.05.2024.

Ratio / Principle

The writ petition is allowed.

Key takeaways

The respondents are directed to consider the petitioners' representation dated 29.05.2024 and conduct survey and phodi, demarcating 32 guntas of land in Sy. No.87 (Old Sy. No.87/22) held by the petitioners, in accordance with law.ratio¶46
The survey and phodi exercise shall be accomplished within six months from the date of receipt of the order copy.ratio¶47

Detailed headnote1 paragraphs

Writ Petition (KLR-RR/SUR) under Articles 226 and 227 of the Constitution of India decided on 08.01.2025 by Sachin Shankar Magadum, J. Petitioners, legal heirs of the grantee of 32 guntas in Sy. No.87 (Old Sy. No.87/22) at Tarahunse Village, Jala 2 Hobli, Yalahanka Taluka, Bengaluru — grant made vide Grant Order dated 05.02.1982 (Annexure-C), Saguvali Chit issued and names mutated in RTC — complained of inaction on their representation dated 29.05.2024 seeking survey and phodi. Noting laxness by the respondent Authorities, the Court allowed the petition and directed the respondents to consider the representation and conduct survey and phodi demarcating 32 guntas in accordance with law, to be accomplished within six months from receipt of the order copy.

A

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NC: 2025:KHC:525 WP No. 25002 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

WRIT PETITION NO.25002 OF 2024 (KLR-RR/SUR)

BETWEEN:

SRI.MANJUNATHA T V AGED ABOUT 37 YEARS S/O VENKATESHAPPA

SRI.SHIVARAJU T V AGED ABOUT 35 YEARS S/O VENKATESHAPPA

BOTH ARE RESIDING AT NO.256, TARAHUNASE YELAHANKA TALUK BENGALURU - 562157

…PETITIONERS

(BY SRI.AJESH KUMAR S, ADVOCATE)

Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA

AND:

THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS SECRETARY

THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT OFFICE AT: BEHIND KANDAYA BHAVAN K G ROAD BENGALURU 560009

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NC: 2025:KHC:525 WP No. 25002 of 2024

THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION OFFICE AT: BEHIND KANDAYA BHAVAN K G ROAD

BENGALURU - 560 009

THE TAHSILDAR YELAHANKA TALUK OFFICE AT: MINI VIDHAN SOUDHA YELAHANKA BENGALURU - 560 064

…RESPONDENTS

(BY SRI.K.MANJUNATHA, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE PETITIONERS REPRESENTATION DTD 29.05.2024 AND DIRECT THE RESPONDENT AUTHORITIES TO CONDUCT THE SURVEY AND PHODI THE PROPERTY BEARING SY.NO.87 MEASURING 32 GUNTAS SITUATED AT TARAHUNSE VILLAGE, JALA 2 HOBLI, YALAHANKA TALUKA, BENGALURU AT ANNX-A TO A2 AND ETC.

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

CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

ORAL ORDER

The petitioners in the captioned writ petition have

knocked the doors of the writ Court feeling aggrieved by inaction on the part of the respondents in not considering the petitioners' representation dated 29.05.2024.

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NC: 2025:KHC:525 WP No. 25002 of 2024

2. Heard learned counsel appearing for the

petitioners and learned HCGP.

3. Facts leading to the case are as under;

The petitioners' grandfather was granted the petition land measuring 32 guntas in Sy. No.87 vide Grant Order dated 05.02.1982, which is evidenced at Annexure-C. Pursuant to the grant, Saguvali Chit was issued to the petitioner’s grandfather and accordingly, his name was mutated to the RTC. Post his demise, the petitioners’, who are the legal heirs, got their names mutated in the RTC. A detailed representation is submitted by the petitioners requesting the Authorities to conduct survey and phodi in respect of the land bearing Sy. No.87 measuring 32 guntas.

4. This representation is dated 29.05.2024. There

appears to be some laxness on the part of the respondents’ Authorities in not acting upon the representation dated 29.05.2024.

4 -

NC: 2025:KHC:525 WP No. 25002 of 2024

5. Learned HCGP, however, assures this Court that the said representation will be considered and survey and

phodi will be conducted in accordance with law if some reasonable time is granted.

6. Recording the assurance given by the learned

HCGP, this Court proceeds to pass the following;

ORDER

(i) The writ petition is allowed.

(ii) The respondents are hereby directed to consider the petitioners' representation dated 29.05.2024 and conduct survey and phodi thereby demarcating 32 guntas of land in Sy. No.87 (Old Sy. No.87/22) held by the petitioners in accordance with law.

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

SD/(SACHIN SHANKAR MAGADUM) JUDGE

NBM

List No.: 1 Sl No.: 15

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the respondents could be compelled to consider and act upon the petitioners' representation dated 29.05.2024 seeking survey and phodi of land bearing Sy. No.87 measuring 32 guntas at Tarahunse Village, Jala 2 Hobli, Yalahanka Taluka, Bengaluru.¶29
The court held
The Court found laxness on the part of the respondents' Authorities in not acting upon the petitioners' representation dated 29.05.2024.ratio¶37

Statutes considered

1 provisions across 1 enactments

AI extract

Constitution of IndiaArticles 226 and 227¶24

Procedural history

How this case reached the court

AI extract

Prior proceeding
Petitioners' grandfather was granted the petition land measuring 32 guntas in Sy. No.87 vide Grant Order dated 05.02.1982, evidenced at Annexure-C.¶35
Prior proceeding
Pursuant to the grant, Saguvali Chit was issued to the grandfather and his name was mutated to the RTC.¶35
Prior proceeding
After the grandfather's demise, the petitioners as legal heirs got their names mutated in the RTC.¶35
Prior proceeding
Petitioners submitted a detailed representation requesting the Authorities to conduct survey and phodi of Sy. No.87 measuring 32 guntas.¶35
Prior proceeding
The representation is dated 29.05.2024.¶36
Prior proceeding
Respondent Authorities did not act upon the representation dated 29.05.2024, prompting the writ petition.¶37

Parties & counsel

AI extract

petitioner
Sri. Manjunatha T V¶8
Ajesh Kumar S
petitioner
Sri. Shivaraju T V¶9
Ajesh Kumar S
respondent
The State of Karnataka, Department of Revenue, represented by its Secretary¶15
K. Manjunatha
respondent
The Deputy Commissioner, Bengaluru Urban District¶16
K. Manjunatha
respondent
The Assistant Commissioner, Bangalore North Sub Division¶19
K. Manjunatha
respondent
The Tahsildar, Yelahanka Taluk¶21
K. Manjunatha

Coram

AI extract

Sachin Shankar Magadumauthor¶26

Case details

As recorded by the court registry

Court: Karnataka HC
Decided on: 8 Jan 2025 · January
Registered: 10 Sept 2024
Case no.: WP/25002/2024
CNR: KAHC010521202024
Topic: Writ and Judicial Review
Bench: Sachin Shankar Magadum
Disposal: ALLOWED
Case type: Writ Petition (KLR-RR/SUR)

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Cite this judgement

Sri Manjunatha T v. Vs the State of Karnataka, WP/25002/2024 (KA), decided on 8 January 2025.

The High Court of Karnataka publishes no neutral citation for this judgement — cite it by case number and date of decision.

Statutes1

Constitution of IndiaArticles 226 and 227

View all statutes

Procedural history6

Petitioners' grandfather was granted the petition land measuring 32 guntas in Sy. No.87 vide Grant Order dated 05.02.1982, evidenced at Annexure-C.
Pursuant to the grant, Saguvali Chit was issued to the grandfather and his name was mutated to the RTC.

View full history

Bench / Coram

Sachin Shankar Magadum

Parties & counsel