- 1 - NC: 2025:KHC:2193 WP No. 5408 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.5408 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SRI. MD.KALEEM PASHA S/O LATE AMEER SAB @ ABDUL GANI AGED ABOUT 61 YEARS 2. SMT. NAVEEDA BANU S/O LATE AMEER SAB @ ABDUL GANI AGED ABOUT 58 YEARS PETITIONER NOS.1 AND 2 RESIDING AT NO.62, 8TH CROSS PH COLONY, TUMAKUR TOWN TUMAKUR-572101 3. SRI.MD.NAYEEM PASHA S/O LATE AMEER SAB @ ABDUL GANI AGED ABOUT 56 YEARS R/AT NO.61, 8TH CROSS PH COLONY, TUMAKUR TOWN TUMAKUR-572101 4. SRI.MD. NADEEM PASHA @ CHICHA S/O LATE AMEER SAB @ ABDUL GANI AGED ABOUT 54 YEARS R/AT NO.150, 8TH CROSS PH COLONY, TUMAKUR TOWN TUMAKUR-572101. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2193 WP No. 5408 of 2023 5. SRI. MD.VASEEM PASHA S/O LATE AMMER SAB @ ABDUL GANI AGED ABOUT 52 YEARS R/AT NO 62, 8TH CROSS PH COLONY, TUMAKUR TOWN TUMAKUR-572101 6. SRI.MD.NAZEEM PASHA S/O LATE AMEER SAB @ ABDUL GANI AGED ABOUT 48 YEARS R/AT NO.62,8TH CROSS PH COLONY, TUMAKUR TOWN TUMAKUR-572101 7. SMT. NASEEBA FIRDOSE D/O LATE AMEER SAB @ ABDUL GANI AGED ABOUT 46 YEARS R/AT NO.62, 8TH CROSS PH COLONY, TUMAKUR TOWN TUMAKUR-572101 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: 1. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION MADHUGIRI TUMKUR DISTRICT-572132. - 3 - NC: 2025:KHC:2193 WP No. 5408 of 2023 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 DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DTD 15.06.2017 AND 26.09.2022, VIDE ANNX-A1 AND A2, IN ACCORDANCE WITH LAW AND ETC. THIS PETITION, COMING ON FOR ORDERS, 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 representations dated 15.06.2017 and 26.09.2022 vide Annexure-A1 and A2 respectively. The petitioners allege inaction on the part of the respondents' Authorities in not conducting phodi and - 4 - NC: 2025:KHC:2193 WP No. 5408 of 2023 durasti in respect of the petition land measuring 4 acres 28 guntas in Sy. No.25, Block No.2 situated at Chattenahalli Village, Holavanahalli Hobli, Koratagere Taluk, Tumkur District. 2. Facts leading to the case are as under; The petitioners assert that their mother 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 the mother of petitioners vide order dated 16.07.1996 and consequently, Grant Certificate was issued in the name of the mother of the petitioners 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 land in favour of the mother of the petitioners, the petitioners are before this Court. - 5 - NC: 2025:KHC:2193 WP No. 5408 of 2023 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-A1 and A2. 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. (ii) The petitioners are hereby directed to submit a fresh representation annexing all title documents and also revenue records before respondent No.3 - Tahasildar. - 6 - NC: 2025:KHC:2193 WP No. 5408 of 2023 (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.: 3