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2025 DAILYLAW 34081 (KAR)

SRI. VENKATASWAMY M N v. STATE OF KARNATAKA

WP/27803/2024 · 2025-02-05

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:5169 WP No. 27803 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.27803 OF 2024 (KLR-RR/SUR) BETWEEN: SRI.VENKATASWAMY M N S/O NARAYANAPPA AGED ABOUT 79 YEARS R/AT: MEESAGANAHALLI VILLAGE KASABA HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT- 563 135 …PETITIONER (BY SRI.RAVISHA M G, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA AMBEDKAR BEEDI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563 101 3. THE THASILDAR SRINIVASPURA TALUK KOLAR DISTRICT - 563 135 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5169 WP No. 27803 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO R-3 AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 13/06/2024 i.e., ANNEXURE-G AND REPRESENTATION DATED 02/08/2024 i.e., ANNEXURE-H, FOR MAKING HADBAST/PODI SURVEY AND DEMARCATION OF BOUNDARIES OF THE SCHEDULE PROPERTY 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 This writ petition is filed seeking direction against respondent Nos.1 to 3 to consider the petitioner’s representation dated 13.06.2024 as per Annexure-G and second representation dated 02.08.2024 as per Annexure-H, wherein a request is made to conduct Hadbast/Phodi in respect of the petition land. This writ petition is filed alleging inaction on the part of the respondents in not acting on the representation submitted by the petitioner vide Annexure-G and H. - 3 - NC: 2025:KHC:5169 WP No. 27803 of 2024 2. Learned AGA, however, on instructions, submits that the Authorities willing to effect phodi. However, she would point out that the genuineness of the grant will be looked into before proceeding to conduct phodi proceedings. 3. Taking note of the submission made by the learned AGA, this Court is of the view that the petitioner is seeking phodi and durasti based on the grant order followed by the Saguvali Chit. The copy of the Grant Certificate evidenced at Annexure-A. Respondent No.3 - Tahasildar shall secure original records pertaining to the petition land and after verifying the grant and saguvali chit shall consider petitioner’s representation seeking phodi. 4. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.3 – Tahasildar is hereby directed to forthwith - 4 - NC: 2025:KHC:5169 WP No. 27803 of 2024 secure original records from the Office and after examining the genuineness of the grant followed by Saguvali Chit, shall accomplish the request made under two representations. (iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9