Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7379 WP No. 1728 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1728 OF 2025 (KLR-RES) BETWEEN:
1.
SRI.K.B. NANAIAH AGED ABOUT 67 YEARS EX-SERVICEMAN, RETD. SUBEDAR S/O K. B. BIDDAPPA, NO 113, GANAGARAHUNDI MK.HALLI POST, GADDIGE ROAD, MYSORE 570 026
2.
SRI. B.N.SHIVANANJAPPA AGED ABOUT 69 YEARS S/O NANJAPPA EX-SERVICEMAN, RETD. HAVLDAR CH-13, OUT HOUSE, 3RD CROSS 6TH MAIN, SARASWATHIPURAM, MYSORE 570 009
3.
SRI. K.B. BHIMIAH S/O K.B. BIDDAPPA DEAD BY HIS LRS
K.B.PUSHAPA AGED ABOUT 54 YEARS W/O LATE K.B. BHIMAIAH
4.
KUMARI K.B. DAZY AGED ABOUT 19 YEARS, D/O LATE K.B. BHIMAIAH
5.
SRI. IKBAL HUSAIN AGED ABOUT 53 YEARS S/O ZIA HUSAIN EX-SERVICEMAN, RETD. NAIK NO.1823,
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7379 WP No. 1728 of 2025
3RD CROSS, 3RD STAGE, NEAR URDU SCHOOL, RAJEEVANAGARA, MYSORE 570 019, …PETITIONERS (BY SRI. B S NAGARAJ., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR VEEDI, BANGALORE 560 001
2.
THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE 570 005
3.
THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION, HUNSUR, MYSURU DISTRICT - 570001
4.
THE TAHSILDAR HUNSUR TALUK, HUNSUR - 571 105, …RESPONDENTS (BY SRI. MANJUNATH K., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2-DEPUTY COMMISSIONER RESPONDENT NO.3-ASSISTANT COMMISSIONER AND RESPONDENT NO.4-THASILDAR RESPECTIVELY, TO CONSIDER THEIR REPRESENTATIONS DATED, 13.12.2023 COPIES MADE SEPARATELY AT ANNEXURES-M, M1 AND M2 AND THE REPRESENTATION DATED 01/02.08.2024, COPY AT ANNEXURE-N AND, THE LEGAL NOTICE DATED 10.09.2024, COPY SUBMITTED ANNEXURE-P, AND FOR IDENTIFICATION OF THE LAND WHICH WAS GRANTED TO THE PETITIONERS AND PUT THEM IN POSSESSION.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:7379 WP No. 1728 of 2025
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This petition has been filed by ex-servicemen seeking relief for the delay in the allotment of land granted to them. Despite the petitioners’ persistent efforts since 2010, the revenue authorities only acted following the intervention of this Court, ultimately resolving to grant 2 acres of land each to the petitioners in Survey No. 1349.
2. The Court has heard the submissions of the
learned counsel for the petitioners and the learned High Court Government Pleader representing the State.
3. The present case highlights a disheartening scenario. Although the respondent authorities have officially resolved to allot land to the petitioners, and saguvali chits have been issued accordingly, the authorities have failed to identify the specific parcels of land and hand over possession by conducting the necessary phodi (demarcation) and durasthi (boundary
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NC: 2025:KHC:7379 WP No. 1728 of 2025
fixing). The inaction and negligence of the revenue authorities are both evident and unacceptable.
4. Nevertheless, the learned High Court Government Pleader, based on instructions, has assured this Court that the concerned authorities will promptly identify the allotted land, conduct phodi and durasthi, and hand over possession to the petitioners without further delay. Hence the following:
ORDER
i. The writ petition is hereby allowed. ii. Respondent No.4, with assistance from the Assistant Director of Land Records, is directed to: iii. Immediately identify the specific portions of land allotted to each petitioner, as per the grant
order. iv. Complete the phodi and durasthi processes. v. Handover possession of the identified land to the respective petitioners.
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NC: 2025:KHC:7379 WP No. 1728 of 2025
vi. This entire process shall be completed within three months from the date of receipt of this
order. vii. Any failure or negligence on the part of Respondent No. 3 (the Tahsildar) will be viewed seriously and may attract appropriate action from this Court.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
SKS