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2025 DAILYLAW 27839 (KAR)

SRI. PRASANNAKUMAR. S. R. v. THE STATE OF KARNATAKA

WP/17528/2024 · 2025-02-07

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:5653 WP No. 17528 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17528 OF 2024 (KLR-RES) BETWEEN: SRI. PRASANNAKUMAR. S. R. S/O SRI RAMAHAIAH, AGED ABOUT 50 YEARS, RESIDING AT NO. 869/A 17TH G MAIN, 5TH BLOCK, RAJAJINAGAR, 5TH BLOCK, BENGALURU-560010. …PETITIONER (BY SRI. SRINIVAS A R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, KARNATAKA GOVERNMENT SECRETARIAT M S BUILDING, DR. AMBEDKAR ROAD, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER KUMBARAHALLI, MULBAGAL ROAD, NH-75, KOLAR-563101. 3. THE TAHSILDAR TALUK ADMINISTRATIVE OFFICE, MULBAGAL-563131. KOLAR DISTRICT. 4. THE DEPUTY DIRECTOR OF LAND RECORDS DEPUTY COMMISSIONER'S OFFICE Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:5653 WP No. 17528 of 2024 KUMBARAHALLI, MULBAGAL ROAD NH-75, KOLAR-563101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS TALUK SURVEY AND LAND RECORDS OFFICE MULBAGAL, MULBAGAL-563131 KOLAR DISTRICT. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO 4 TO COMPLETE PHODI AND DURASTI WORK AS PER REPRESENTATIONS DTD. 21.02.2023 VIDE AS PER ANNX-A WITH RESPECT TO THE AGRICULTURAL LAND BEARING IN SURVEY NO. 143 MEASURING 34 GUNTAS SITUATED AT KAVATHANAHALLI VILLAGE, KASABA HOBLI, MULBAGAL TALUK, KOLAR DISTRICT. 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 The petitioner, in the present writ petition, has approached this Hon’ble Court alleging inaction on the part of respondent authorities, specifically respondent Nos. 2 to 5, in failing to take necessary steps for the conversion of "podi" and "durasthi" in respect of the subject land. The petitioner contends that despite submitting a formal representation on 21.02.2023, as evidenced by Annexure- - 3 - NC: 2025:KHC:5653 WP No. 17528 of 2024 A, the respondents have not acted upon the request in a timely manner, thereby causing undue delay and hardship. 2. Heard the learned counsel appearing on behalf of the petitioner and learned AGA. 3. The petitioner asserts ownership over the land in question, which measures 34 guntas and forms part of Survey No. 143. It is an undisputed fact that the land in question is a granted land. The petitioner is, therefore, seeking the implementation of "podi" and "durasthi" procedures to formally demarcate the said 34 guntas within the larger extent of land covered under the survey number. 4. The learned AGA, upon receiving instructions from the concerned revenue authorities, submitted that the petitioner’s application process has already been initiated. She further informed the Court that, as per the prescribed legal procedure, the revenue officers are required to comply with the steps outlined in Form Nos. 1 - 4 - NC: 2025:KHC:5653 WP No. 17528 of 2024 to 5. This includes obtaining and verifying necessary reports, securing relevant clarifications, and ensuring due compliance with statutory requirements before taking a final decision on the petitioner’s request. In light of this, the learned AGA submitted that the respondents require additional time to process the petitioner’s representation and conclude the proceedings in accordance with the law. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER i. Writ petition is allowed. ii. Respondent No.3 - Tahasildar shall secure all relevant documents to enable respondent No.5 - Asst. Director of Land Records to proceed further and accomplish podi and durasthi in accordance with law. iii. Respondent Nos.3 and 5 are hereby directed to act on representation of the petitioner and accomplish podi and durasthi, within an outer limit of four months - 5 - NC: 2025:KHC:5653 WP No. 17528 of 2024 from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NMS