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2025 DAILYLAW 13170 (KAR)

SMT SHAHEDA BEGUM v. DEPUTY COMMISSIONER

WP/656/2025 · 2025-01-15

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:1606 WP No. 656 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.656 OF 2025 (KLR-RES) BETWEEN: SMT.SHAHEDA BEGUM W/O K.H KHAN AGED ABOUT 65 YEARS NO.28, UPKAR TOWERS 9TH CROSS, 2ND BLOCK JAYANAGAR BANGALORE - 560011 …PETITIONER (BY SRI.TAJUDDIN, ADVOCATE) AND: 1. DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT K.G ROAD BANGALORE - 560012 2. COMMISSIONER OF SURVEY SETTLEMENT AND LAND RECORDS K.R CIRCLE BANGALORE - 560001 3. ASSISTANT DIRECTOR OF LAND RECORDS 1ST FLOOR, KANDAYA BHAVAN K.G ROAD BANGALORE - 560001 Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1606 WP No. 656 of 2025 4. TALUK SURVEYOR SRI.NANDISH V. TALUK OFFICE BANGALORE SOUTH TALUK - 560001 5. SPECIAL TAHSILDAR BANGALORE SOUTH TALUK BANGALORE - 560001 6. DEPUTY DIRECTOR OF LAND RECORDS 4TH FLOOR, DC OFFICE BUILDING KANDAYA BHAVAN BANGALORE - 560001 7. SRI R.SUBRAMANI AGED ABOUT 46 YEARS R/O 1ST MAIN ROAD CHANNAKESHAVA NAGAR ELECTRONIC CITY POST BANGALORE - 560100 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1 TO 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND PROCEEDINGS IN SO FAR IT RELATES TO THE CASE OF PETITIONER FROM THE HANDS OF R-3 AND 4 AND TO GRANT THE RELIEF AND QUASH BY WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OF ILLEGAL ENTRY EFFECTED IN SY NO.122/4 WHICH BELONGS TO PETITIONER FURTHER BIFURCATING BY WAY OF PHODI OF LAND INTO SY NO.122/6 OF SINGASANDRA VILLAGE, BEGUR 2 HOBLI, BANGALORE URBAN DISTRICT, BANGALORE SOUTH TALUK TO EXTENT OF 0.11.0.00 ACRES/GUNTAS AS PER ANNX-A DTD 30.10.2024 OFFICIAL REMINDER PAPER NO.7059 AND OF ALL SUBSEQUENT - 3 - NC: 2025:KHC:1606 WP No. 656 of 2025 PROCEEDINGS THEREON AND SKETCH SO PREPARED IN RESPECT OF NON EXISTING SY NO.122/6 OF SINGASANDRA VILLAGE, BEGUR HOBLI, BANGALORE URBAN DISTRICT, BANGALORE SOUTH TALUK 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 captioned writ petition is filed assailing the conversion order vide Annexure-A and also phodi proceedings as per Annexure-B. 2. Heard learned counsel for the petitioner and learned HCGP for respondent Nos.1 to 6. 3. Learned HCGP has strongly contested this petition on the ground of maintainability of the writ petition. 4. Upholding the objection raised by the learned HCGP, this Court is of the view that the conversion order passed by respondent No.1 - Deputy Commissioner dated 30.10.2024 as per Annexure-A has to be challenged in the manner known to law. - 4 - NC: 2025:KHC:1606 WP No. 656 of 2025 5. By preferring an appeal insofar as phodi proceedings are concerned, learned counsel appearing for the petitioner fairly concedes that the said order is challenged before respondent No.1 - Deputy Director of Land Records, which is evidenced at Annexure-O. 6. In that view of the matter, this Court proceeds to pass the following; ORDER (i) The writ petition is disposed off reserving liberty to assail the conversion order in the manner known to law. (ii) However, it is needless to mention that the petitioner shall press for early hearing insofar proceedings pending before respondent No.6 - Deputy Director of Land Records. (iii) The Authorities to the proceedings shall co-operate and respondent No.6 - the Deputy Director of Land Records after hearing both parties and securing relevant records shall pass appropriate orders in the manner known to law. - 5 - NC: 2025:KHC:1606 WP No. 656 of 2025 (iv) Respondent No.6 - Deputy Director of Land Records shall ensure that the appeal is disposed off within an outer limit of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 40