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2025 DAILYLAW 12655 (KAR)

SRI. DASEGOWDA v. THE STATE OF KARNATAKA

WP/519/2025 · 2025-01-13

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:1265 WP No. 519 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 519 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI. DASEGOWDA S/O LATE DASEGOWDA AGED ABOUT 83 YEARS BILIGUMBA VILLAGE, KASABA HOBLI RAMANAGARA TALUK, RAMANAGARA-562 159. …PETITIONER (BY SRI. SADASHIVAIAH .K.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, BENGALURU-560 001. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS RAMANAGARA TALUK, RAMANAGARA-562 159. 3. THE TAHSILDAR RAMANAGARA TALUK RAMANAGARA-562 159. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE APPLICATION DATED 06.11.2024 AT ANNEXURE - N THEREBY EFFECTING PHODI Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1265 WP No. 519 of 2025 DURASTI IN RESPECT OF THE LANDS BEARING SY. NO. 74/13P-1, 74/13P-2 AND 74/17P NOW NEW SY. NO. 74 MEASURING 4 ACRES OF BILAGUMBA VILLAGE, KASABA HOBLI, RAMANAGARA TALUK, RAMANAGARA WITHIN A TIME FRAME. 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 This petition is filed seeking a mandamus against respondents to consider the petitioner's application dated 6.11.2024 and effect phodi and durasti in respect of petition land bearing Sy.Nos.74/13P-1 measuring 2 acres, 74/13P-2 measuring 1 acre and 74/17P measuring 1 acre corresponding new Survey No.74 totally measuring 4 acres situated at Bilagumba Village, Kasaba Hobli, Ramanagara Taluk, Ramanagara. 2. Petitioner is asserting title over the properties in question pursuant to the sale deed obtained by his vendor under registered sale deed dated 13.02.2015. Petitioner is - 3 - NC: 2025:KHC:1265 WP No. 519 of 2025 asserting that his vendor's right was decided in O.S.No.278/2014. Petitioner contends that the competent civil Court has declared his vendor to be the absolute owner. Pursuant to the decree, his vendor has sold the property and petitioner's name is duly mutated in the RTC. Petitioner is seeking phodi and durasti. Accordingly, the application is tendered on 6.11.2024. 3. Learned AGA assures that petitioner's application will be considered in accordance with law and phodi and durasti will be conducted after verifying records provided some reasonable time is granted. 4. Recording AGA’s assurance, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed. (ii) Respondents 2 and 3 are hereby directed to accomplish podi and durasti after securing all records, more particularly, the decree passed in O.S.No.278/2014, sale deed obtained - 4 - NC: 2025:KHC:1265 WP No. 519 of 2025 by the petitioner and all relevant RTC records within a period of six months from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 38