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2025 DAILYLAW 18103 (KAR)

SRI JAMES V BIRD v. THE STATE OF KARNATAKA

WP/6763/2024 · 2025-03-19

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:11293 WP No. 6763 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6763 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI JAMES V BIRD S/O LATE RICHARD BIRD, AGED 79 YEARS, R/AT BALLAVARA VILLAGE, LINGADAHALLI HOBLI, TARIKERE TALUK, CHIKKAMAGALORE DISTRICT …PETITIONER (BY SRI.S.VISWESHARAIAH., FOR SRI. H.M.YATHISHA., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENTOF REVENUE, M S BUILDING, BANGALORE 560001. 2. THE TAHSILDAR TARIKERE TALUK, TARIKERE, CHIKKAMAGALORE DISTRICT-577228. 3. TALUK SURVEYOR TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228. 4. V V AKASHATHA W/O SRI AJAY KUMAR A, AGED ABOUT 39 YEARS, R/AT KALLATHIPURA VILLAGE, LINGADAHALLI HOBLI, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11293 WP No. 6763 of 2024 TARIKERE TALUK, CHIKKAMAGALORE DISTRICT-577228. …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-3; R-4 IS SERVED AND UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTION THE R3 TO CARRY OUT THE DURASTH OF THE SUBJECT LANDS MENTIONED IN RESPECT OF ANNEXURE-C, C1, C2, VIDE NOS. 17041222770086, 17041222769196, 17041222768585, 17041222770372, 17041222770182, 17041222768498, 17041222768426, 17041222768281 AND 17041222767978 BY ALLOWING THIS WP. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to respondent No.3 to carryout durasthi work of the lands in question, as requested vide Annexure - C, C1 and C2. 2. It is the case of the petitioner that, respondent No.4 had made an application for conduct of the durasthi by virtue of the purchase that she had made of a portion of the land. - 3 - NC: 2025:KHC:11293 WP No. 6763 of 2024 3. Learned AGA, submits that, the application of the petitioner for conducting durasthi would be considered and the durasthi would be completed within a period of four months from the date of receipt of the copy of this order. 4. In the light of the said submission, this writ petition is disposed of directing respondent No.3 to conduct the durasthi of the lands in question, as requested by respondent No.4 within a period of four months from the date of receipt of the copy of this order after notice to all concerned. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 4