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2025 DAILYLAW 18020 (KAR)

SRI NARAYANAPPA v. THE STATE OF KARNATAKA

WP/5377/2025 · 2025-02-27

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:8663 WP No. 5377 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5377 OF 2025 (KLR-RES) BETWEEN: SRI. NARAYANAPPA S/O. GANGAHANUMAIAH, AGED ABOUT 63 YEARS, R/AT NO. 31, KODAPPANAHALLI, MALARABANAVADI, BANGALORE RURAL-562 123. …PETITIONER (BY SRI. VINOD N., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-560 001, REP. BY SECRETARY. 2. THE JOINT DIRECTOR DEPARTMENT OF SURVEY AND LAND RECORDS, KHANDHAYA BHAVAN, BANGALORE - 560 009. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8663 WP No. 5377 of 2025 3. THE DEPUTY DIRECTOR DEPARTMENT OF SURVEY AND LAND RECORDS, KHANDHAYA BHAVAN, BANGALORE - 560 009. 4. THE ASSISTANT DIRECTOR DEPARTMENT OF SURVEY AND LAND RECORDS, KHANDHAYA BHAVAN, BANGALORE - 560 009. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) DIRECT THE 3RD RESPONDENT TO PREPARATION/ RE- PRODUCE THE ORIGINAL TIPPANI IN AGRICULTURE LAND BEARING SY.NO.6/3, MEASURING EXTANT OF 1 ACRE 33 GUNTAS SITUATED AT BYREGOWDANAHALLI VILLAGE, DASANAPURA HOBLI, BANGALORE NORTH TALUK BY CONSIDERING REPRESENTATION DATED 27.07.2022, MADE BY THE PETITIONER (PRODUCED AT ANNEXURE-A), IN ACCORDANCE WITH LAW IN A TIME BOUND MANNER WITHIN A PERIOD NOT LATER THAN 2 MONTHS AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8663 WP No. 5377 of 2025 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is compelled to knock the doors of this Court alleging inaction on the part of respondents that they have not implemented the directions issued by this Court in earlier round of litigation. 2. Learned Additional Government Advocate (AGA), on instructions, submits that Respondent No.4, the Assistant Director of Land Records (ADLR), has already prepared the survey Tippani in respect of the petitioner’s land bearing Survey No.6/3, measuring 1 acre and 33 guntas, situated at Byregowdanahalli village, Dasanapura Hobli, Bangalore North Taluk. He further submits that the said survey Tippani has been duly placed before the 3rd respondent, the Deputy Director of Land Records, for necessary approval. It is also brought to the attention of this Court that the issuance of phodi and Durasthi in favor of the petitioner is contingent upon its approval by the 3rd - 4 - NC: 2025:KHC:8663 WP No. 5377 of 2025 respondent. Until such approval is granted, the original survey Tippani cannot be issued. ORDER i. Taking note of the submissions made, this Court directs as follows: ii. The 3rd Respondent, Deputy Director of Land Records, shall take necessary steps to obtain and verify all relevant records pertaining to the petitioner's land. Upon such verification, he shall approve the original survey Tippani and forward the same to the 4th Respondent, Assistant Director of Land Records, for further action. This process shall be completed within a period of three months from the date of this order. iii. Upon receipt of the approved survey Tippani, the 4th Respondent, in coordination with the jurisdictional Tahsildar, shall ensure that the process of Podi and Durasti in respect of the petitioner’s land is duly carried out in accordance with law. This entire process shall be completed within an additional period of three months thereafter. - 5 - NC: 2025:KHC:8663 WP No. 5377 of 2025 iv. The respondents shall ensure strict compliance with this order within the stipulated timeline, failing which appropriate action may be initiated as per law. SD/- (SACHIN SHANKAR MAGADUM) JUDGE BNV List No.: 1 Sl No.: 43 CT:SNN