Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1248 WP No. 390 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. 390 OF 2025 (KLR-RR/SUR)
BETWEEN:
1.
SRI. NANJASHATTY S/O LATE VAIRAMUDASHETY AGED ABOUT 89 YEARS R/O 96-2, HIRIKALALE, KIKKERI HOBLI K.R.PETE TALUK MANDYA DISTRICT-571 423.
2.
SRI. NAGARAJA S/O LATE NARASHIMHA SHETTY AGED ABOUT 61 YEARS R/O HIRIKALALE, KIKKERI HOBLI K.R.PETE TALUK MANDYA DISTRICT - 571 423.
3.
SRI. SHIVANNA S/O LATE NARASHIMHA SHETTY AGED ABOUT 59 YEARS R/O HIRIKALALE, KIKKERI HOBLI K.R.PETE TALUK MANDYA DISTRICT - 571 423.
4.
SRI. CHANDRASHEKARA S/O LATE NARASHIMHA SHETTY AGED ABOUT 55 YEARS R/O HIRIKALALE, KIKKERI HOBLI K.R.PETE TALUK MANDYA DISTRICT - 571 423.
5.
SRI. NAGARAJA S/O LATE NARASHIMHA SHETTY AGED ABOUT 54 YEARS
Digitally signed by AL BHAGYA Location: High Court of Karnataka
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NC: 2025:KHC:1248 WP No. 390 of 2025
R/O HIRIKALALE, KIKKERI HOBLI K.R.PETE TALUK MANDYA DISTRICT - 571 423. …PETITIONERS
(BY SRI. K.R. LINGARAJU, ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, VIDHANA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA - 571 401.
3.
THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-DIVISION PANDAVAPURA MANDYA DISTRICT - 571 434.
4.
THE TAHSILDAR K.R.PET TALUK, MANDYA DISTRICT - 577 133. …RESPONDENTS
(BY SRI. MANJUNATH .K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R4 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 04/07/2019, 31/08/2023 AND 18/08/2024 AND CONDUCT PHODI AND DURASTHI (1 TO 5) IN RESPECT OF LAND BEARING SY. NO. 63/15 MEASURING 3 ACRE 39 GUNTAS SITUATED AT HIREKALALE VILLAGE, KIKKERI HOBLI, K.R. PETE TALUK, MANDYA DISTRICT, VIDE ANN-B, D AND E.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:1248 WP No. 390 of 2025
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned HCGP is
directed to take notice to respondents.
2. The petitioners in the captioned petition is seeking a direction against respondent No.4 to consider the petitioners' representation and conduct phodi.
3. Learned HCGP citing Annexure-C, which is the notice issued by the Revenue Inspector would point out that despite authority calling upon the petitioners to furnish the documents reflected in Annexure-C, petitioner till date has not furnished the documents and therefore, survey is not conducted.
4.
Learned counsel for petitioners at this juncture, on instructions, submit that the documents called upon as evidenced in the notice vide Annexure-C will be furnished to the concerned authority.
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NC: 2025:KHC:1248 WP No. 390 of 2025
5. Recording the submission of the
learned counsel for petitioners, this Court proceeds to pass the following:
ORDER (i) Writ petition is allowed.
(ii) Petitioners shall furnish all the documents as reflected in Annexure-C within a period of four weeks.
(iii) In the event, certified copies of the documents indicated in Annexure-C are furnished, Respondent No.4/Tahsildar shall take cognizance of the documents and shall ensure that phodi and durasthi is conducted through the competent authority/ADLR within a period of four months' thereon i.e from receipt of documents.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 1 Sl No.: 29