Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:525 WP No. 25002 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.25002 OF 2024 (KLR-RR/SUR)
BETWEEN:
1.
SRI.MANJUNATHA T V AGED ABOUT 37 YEARS S/O VENKATESHAPPA
2.
SRI.SHIVARAJU T V AGED ABOUT 35 YEARS S/O VENKATESHAPPA
BOTH ARE RESIDING AT NO.256, TARAHUNASE YELAHANKA TALUK BENGALURU - 562157 …PETITIONERS (BY SRI.AJESH KUMAR S, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, AMBEDKAR VEEDHI BENGALURU - 560001 REPRESENTED BY ITS SECRETARY
2.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT OFFICE AT: BEHIND KANDAYA BHAVAN K G ROAD BENGALURU 560009
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:525 WP No. 25002 of 2024
3.
THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION OFFICE AT: BEHIND KANDAYA BHAVAN K G ROAD BENGALURU - 560 009
4.
THE TAHSILDAR YELAHANKA TALUK OFFICE AT: MINI VIDHAN SOUDHA YELAHANKA BENGALURU - 560 064 …RESPONDENTS (BY SRI.K.MANJUNATHA, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CONSIDER THE PETITIONERS REPRESENTATION DTD 29.05.2024 AND DIRECT THE RESPONDENT AUTHORITIES TO CONDUCT THE SURVEY AND PHODI THE PROPERTY BEARING SY.NO.87 MEASURING 32 GUNTAS SITUATED AT TARAHUNSE VILLAGE, JALA 2 HOBLI, YALAHANKA TALUKA, BENGALURU AT ANNX-A TO A2 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
The petitioners in the captioned writ petition have knocked the doors of the writ Court feeling aggrieved by inaction on the part of the respondents in not considering the petitioners' representation dated 29.05.2024.
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NC: 2025:KHC:525 WP No. 25002 of 2024
2. Heard
learned counsel appearing for the petitioners and learned HCGP.
3. Facts leading to the case are as under;
The petitioners' grandfather was granted the petition land measuring 32 guntas in Sy. No.87 vide Grant Order dated 05.02.1982, which is evidenced at Annexure-C. Pursuant to the grant, Saguvali Chit was issued to the petitioner’s grandfather and accordingly, his name was mutated to the RTC. Post his demise, the petitioners’, who are the legal heirs, got their names mutated in the RTC. A detailed representation is submitted by the petitioners requesting the Authorities to conduct survey and phodi in respect of the land bearing Sy. No.87 measuring 32 guntas.
4. This representation is dated 29.05.2024. There appears to be some laxness on the part of the respondents’ Authorities in not acting upon the representation dated 29.05.2024.
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NC: 2025:KHC:525 WP No. 25002 of 2024
5. Learned HCGP, however, assures this Court that the said representation will be considered and survey and phodi will be conducted in accordance with law if some reasonable time is granted.
6. Recording the assurance given by the learned HCGP, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed.
(ii) The respondents are hereby directed to consider the petitioners' representation dated 29.05.2024 and conduct survey and phodi thereby demarcating 32 guntas of land in Sy. No.87 (Old Sy. No.87/22) held by the petitioners in accordance with law.
(iii) This exercise shall be accomplished within a period of six months from the date of receipt of order copy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 15