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2025 DAILYLAW 33870 (KAR)

SRI N C VENKATAPPA v. THE PRINCIPAL SECRETARY

WP/27998/2024 · 2025-02-17

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:7082 WP No. 27998 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27998 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. N.C. VENKATAPPA AGED ABOUT 65 YEARS S/O LATE CHIKKAVENKATARAMANAPPA RESIDENT OF ATTIVATTA VILLAGE JADIGENAHALLI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562 114. NOW AT NO. 150 KHB QUARTRS, 21ST MAIN 20TH CROSS, BEHIND MARUTI MANDIRA MAGADI CHORD ROAD, M.C. LAYOUT VIJAYANAGARA, BENGALURU-560 040. …PETITIONER (BY SRI. MUNIGANGAPPA .M, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, K.R.CIRCLE BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU. 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB DIVISION Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7082 WP No. 27998 of 2024 DODDABALLAPUR BENGALURU RURAL DISTRICT. 4. THE TAHSILDAR HOSAKOTE TALUK, HOSAKOTE BENGALURU RURAL DISTRICT. 5. DIRECTOR OF SURVEY SETTLEMENT AND SURVEY RECORDS, K.R. CIRCLE BENGALURU - 560001. 6. DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT K.R. CIRCLE, BENGALURU-560 001. 7. ASSISTANT DIRECTOR OF LAND RECORDS K.R. CIRCLE, BENGALURU-560 001. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT TO FORTHWITH EFFECT THE PHODI AND DURASTH OF THE LAND IN SURVEY NO. 1/P16 MEASRUING 2.00 ACRES SITUATED AT ATTIVATTA VILLAGE, JADIGENAHALLI HOBLI, HOSAKOTE TALUK, BEGNALURU RURAL DIST IN ACCORDANCE WITH THE DIRECTIONS ISSUED BY THE RESPONDENTS - DEPUTY COMMISSSIONER, BENGALURU RURAL DISTRICT AND ASSISTANT COMMISSIONER, DODDABALLAPUR SUB DIVISION, BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER DATED 01.06.2017 PRODUCED AT ANNEXURE-L AND RECENT REPRESENTATION PRODUCED AT ANNEXURE-S (E 1153500 LND) DATED 9.09.2024. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:7082 WP No. 27998 of 2024 ORAL ORDER Petitioner is aggrieved by the non-consideration of the his representation and also direction issued by the respondent No.2/Deputy Commissioner as per Annexure-N. 2. Heard learned counsel for the petitioner and learned HCGP for the respondents. 3. Petitioner is seeking phodi and durasti of the petition land bearing Sy.No.1/P/16 totally measuring 2 acres situated at Athivatta Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural District. Petitioner in the captioned petition has alleged that despite directions issued by the respondent No.2/Deputy Commissioner which is evidenced at Annexure-N and also direction issued by the respondent No.3/Assistant Commissioner evidenced at Annexure-P, there is complete inaction on the part of the respondent No.4/Tahsildar in not considering the petitioner's representation and effecting phodi in accordance with law. - 4 - NC: 2025:KHC:7082 WP No. 27998 of 2024 4. Learned HCGP, on instructions, submits that respondent Nos.4 to 7 are willing to conduct phodi and durasti by taking note of the directions issued by the respondent No.2/Deputy Commissioner and respondent No.3/Assistant Commissioner. 5. Recording his assurance, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) Respondent Nos.4 to 7 are hereby directed to forthwith consider petitioner's representation dated 01.06.2017 as per Annexure-L and take appropriate steps to accomplish phodi and durasti in the manner known to law; (iii) This exercise shall be accomplished within a period of three months from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 14