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2025 DAILYLAW 17554 (KAR)

SMT PUSHPA K V v. THE STATE OF KARNATAKA

WP/12151/2021 · 2025-04-24

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:17010 WP No. 12151 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 12151 OF 2021 (KLR-RES) BETWEEN: SMT. PUSHPA .K.V W/O LATE G.B. CHANDRASHEKAR AGE ABOUT 58 YEARS R/O POOJASHREE GANGADHARESHWARA PROVISION STORES NRUPATHUNGA EXTENSION SHETTIHALLI MAIN ROAD TUMAKURU – 572 103. …PETITIONER (BY SRI. K.N. SUNIL, ADVOCATE FOR SRI. RAMESH .K.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU - 572101. 3. THE THAHASILDAR GUBBI TALUK, GUBBI TUMAKURU DISTRICT – 572101. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17010 WP No. 12151 of 2021 4. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER TUMAKURU DISTRICT – 572101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS GUBBI TALUK OFFICE OF THE TAHASILDAR GUBBI TALUK, GUBBI TUMAKURU DISTRICT – 572101. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITIES TO TAKE IMMEDIATE STEPS TO DO THE PHODI DURASTH OF THE PETITIONERS LANDS I.E, THE SCHEDULE PROPERTIES WITHIN A TIME FRAME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. In this petition, the petitioner is seeking for a direction to the respondent – Tahsildar to consider her representation at Annexure-L, by which she is seeking for conduct of phodi and durasth. 2. Learned AGA, on instructions, submits that the claim of the petitioner would be considered, if the grant in - 3 - NC: 2025:KHC:17010 WP No. 12151 of 2021 her favour is genuine and the phodi and durasth would be conducted within a period of six months. 3. It is also contended by the petitioner that the Assistant Commissioner has in fact issued a direction to the Tahsildar to put up the file in this regard and place it before him. 4. In that view of the matter, the respondent – Tahsildar is directed to comply with the order of the Assistant Commissioner and examine whether the claim of the petitioner is genuine and accordingly conduct phodi and durasth within a period of six months from the date of receipt of a copy of this order. 5. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 110