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2025 DAILYLAW 34170 (KAR)

SMT NARASAMMA v. THE STATE OF KARNATAKA

WP/27541/2024 · 2025-01-21

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:2306 WP No. 27541 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27541 OF 2024 (KLR-RES) BETWEEN: SMT. NARASAMMA, W/O LATE HANUMANTHAIAH, AGED ABOUT 73 YEARS, R/AT NAGASANDRA VILLAGE, A.K. COLONY, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE. …PETITIONER (BY SRI. JAYASIMHA K P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS PIRNCIPAL SECRETARY, REVENUE DEAPRTMENT, VIDHANA SOUDHA BENGALURU -560 001. 2. THE TAHSILDAR, BANGALORE NORTH TALUK, KANDAYA BHAVANA, K G ROAD, BANGALORE -560 009. 3. THE ASSITANT DIRECTOR OF LAND RECORDS, BANGALORE NORTH TALUK, KANDAY BHAVANA,K G ROAD, BANGALORE - 560 009. …RESPONDENTS (BY SMT. B P. RADHA., AGA FOR R1 TO R3) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2306 WP No. 27541 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO DIRECTION TO THE R-2 AND 3 TO CONSIDER THE REPRESENTATION FOR TATKAL PODI AND 11-E SKETCH IN LAND BEARING NO. 24/01 MEASURING 5 ACRE 34 GUNTAS SITUATED AT NAGASANDRA VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK DTD. 01.10.2024 IT IS MARKED AS ANNX-C. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, petitioner is seeking mandamus to direct respondents to conduct Tatkal Phodi and issue 11-E Sketch. 2. The facts leading to the case are as under: Petitioner claims that the petition land measuring 34 guntas situated at Nagasandra Village, Dasanapura Hobli, Bengaluru North Taluk is ancestral property of petitioner. Petitioner asserts that the same is purchased and it being patta land does not come under any Government granted land. Petitioner is aggrieved by the inaction on the part of the respondents in not conducting Tatkal Phodi and 11-E sketch on the premises that stay has been granted in - 3 - NC: 2025:KHC:2306 WP No. 27541 of 2024 O.S.No.368/2016 which is in fact filed by the petitioners against land grabbers. 3. Heard learned counsel for the petitioner and also learned Additional Government Advocate for respondents. 4. The petitioner asserts that the land in question is patta land and constitutes ancestral property. Consequently, if an application is submitted to the 2nd respondent/Tahsildar along with the requisite documents, it becomes the duty of the 2nd respondent to forward the application to the 3rd respondent for conducting Tatkal Phodi and issuing the 11-E Sketch, as sought in the writ petition. This procedural responsibility is inherent in the jurisdictional authority of the 2nd respondent. 5. The Learned Additional Government Advocate has opposed the petition, arguing that no application has been submitted to the 3rd respondent. However, the records indicate that an application, along with the - 4 - NC: 2025:KHC:2306 WP No. 27541 of 2024 necessary documents, was indeed submitted to the 2nd respondent but has not been acted upon. If the 2nd respondent/Tahsildar has received an application requesting Tatkal Phodi, it is incumbent upon the authority to take appropriate action. The evident inaction on the part of the 2nd respondent justifies the issuance of a writ of mandamus. 6. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Since learned Additional Government Advocate has brought to the notice of this Court that necessary application has to be tendered online, petitioner is reserved with liberty to upload the application online along with all requisite documents. iii. If such an application is uploaded, respondent Nos.2 and 3 shall process the application in - 5 - NC: 2025:KHC:2306 WP No. 27541 of 2024 accordance with law and conduct Tatkal Podi and issue 11-E sketch. iv. This exercise shall be accomplished within a period of four months from the date of receipt of online application. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE RR List No.: 1 Sl No.: 4