- 1 - NC: 2025:KHC:2191 WP No. 5404 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.5404 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SMT.HAJIRA BI W/O LATE MOHAMMED ALEEM PASHA AGED ABOUT 63 YEARS 2. SMT. NAZIYA BANU D/O LATE MOHAMMED ALEEM PASHA AGED ABOUT 38 YEARS 3. SMT.FOUZIYA BABU D/O LATE MOHAMMED ALEEM PASHA AGED ABOUT 36 YEARS 4. SRI.MD. AZAM PASHA S/O LATE MOHAMMED ALLEM PASHA AGED ABOUT 34 YEARS REPRESENTED BY THEIR GPA HOLDER SRI. C. M. NAGARAJ S/O LATE MUNIYAPPA AGED ABOUT 51 YEARS R/AT NO 34, 5TH CROSS A.K. GOPALAN COLONY CHANNASANDRA, KADUGODI POST BANGALORE-560067 …PETITIONERS (BY SRI. R SHASHI KUMAR, ADVOCATE) AND: Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2191 WP No. 5404 of 2023 1. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION MADHUGIRI TUMKUR DISTRICT-572132. 2. THE ASSISTANT DIRECTOR OF LAND RECORDS KORATAGERE TALUK KORATAGERE TUMKUR DISTRICT-572129 3. THE TAHSILDAR KORATAGERE TALUK KORATAGERE TUMKUR DISTRICT-572129 …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 RESPONDENTS TO CONSIDER THE REPRESENTATIONS DTD 15/06/2017 AND 26/09/2022, VIDE ANNEXURE-A AND A1, IN ACCORDANCE WITH LAW 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 In the captioned writ petition, the petitioners are aggrieved by inaction on the part of the respondents' Authorities in not considering the petitioners' representations dated 15.06.2017 and 26.09.2022 vide - 3 - NC: 2025:KHC:2191 WP No. 5404 of 2023 Annexure-A and A1 respectively. The petitioners allege inaction on the part of the respondents' Authorities in not conducting phodi and durasti in respect of the petition land measuring 4 acres 28 guntas in Sy. No.25, Block No.3 situated at Chattenahalli Village, Holavanahalli Hobli, Koratagere Taluk, Tumkur District. 2. Facts leading to the case are as under; The petitioner No.1 asserts that the husband of petitioner No.1 submitted an application seeking regularization of the land measuring 4 acres 28 guntas in Sy. No.25. It is further asserted that the Authorities, after due enquiry, have confirmed the occupancy rights in favour of husband of petitioner No.1 vide order dated 16.07.1996 and consequently, Grant Certificate was issued in the name of the husband of petitioner No.1 on 19.06.1997 in respect of the petition land. Feeling aggrieved by inaction on the part of the respondents in not conducting phodi and durasti in respect of the granted - 4 - NC: 2025:KHC:2191 WP No. 5404 of 2023 land in favour of the husband of petitioner No.1, the petitioners are before this Court. 3. Learned HCGP submits that except representations, the petitioners have not produced any requisite documents to enable the Authorities to act on the representations submitted by the petitioners evidenced at Annexures-A and A1. He would further point out that in the event, the petitioners are able to place on record all the relevant documents namely the Grant Certificate and RTC extracts evidencing their right in respect of the petition land, the Authorities would ensure that the proper action will be taken on the representation. 4. Recording his assurance, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. - 5 - NC: 2025:KHC:2191 WP No. 5404 of 2023 (ii) The petitioners are hereby directed to submit a fresh representation annexing all title documents and also revenue records before respondent No.3 - Tahasildar. (iii) In the event such representation along with all the requisite documents are furnished, respondent No.3 shall act on the representations and refer the matter to respondent No.2 - Assistant Director of Land Records for further course of action. (iv) On receipt of representations, respondent Nos.2 and 3 shall ensure that the representations will be accomplished and prayer sought in the writ petition will be acted upon within a period of four months from the date of receipt of representation accompanied by all requisite title documents. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2