Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 34811 (KAR)

K. RANGANATHAIAH v. THE STATE OF KARNATAKA

WP/30367/2024 · 2025-02-10

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5808 WP No. 30367 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 30367 OF 2024 (KLR-RES) BETWEEN: K. RANGANATHAIAH S/OLATE KALLAPPA AGED ABOUT 59 YEARS RESIDINGAT A K KAVAL VADARAHALLI GULUR TUMKUR DIST 572122 …PETITIONER (BY SRI. SARASWATHI M.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER, TUMKURU DISTRICT, TUMKUR - 572 101. 3. THE TASHILDHAR, TUMKURU TALUK, TUMKUR DISTRICT - 572 101. 4. THE ADDITIONAL DIRECTOR OF LAND RECORDS, TUMKURU DIST - 572 101. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5808 WP No. 30367 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO DEMARCATE THE PETITIONERS PROPERTY WITH RESPECT TO SY.NO.24/43B MEASURING 2.00 ACRES, SY.NO.24/42 MEASURING 0-13 GUNTAS AND SY.NO.24/55 MEASURING 0-13 GUNTAS, SITUATED IN A.K.KAVAL, GULUR HOBLI, TUMKURU DISTRICT AS PER THE REPRESENTATION VIDE ANNEXURE-F AND ETC., 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 The petitioner alleging inaction on the part of respondents No.3 and 4 is compelled to knock the doors of the writ court. 2. The petitioner asserts to be the absolute owner of the petition lands bearing Sy.No.24/43B measuring 2 acres, Sy.No.24/42 measuring 0-13 guntas and Sy.No.24/55 measuring 0-13 guntas, situated at A.K.Kavala, Gulur Hobli, Tumkur District. The petitioner is - 3 - NC: 2025:KHC:5808 WP No. 30367 of 2024 tracing title through sale deeds dated 15.11.2006 and 28.12.2006 vide Annexure-A and B. Though the petitioner's name is reflected in RTC, the petitioner is aggrieved by the non-consideration of the representation dated 14.08.2024 vide Annexure-F. The petitioner, through the said representation, has requested the authorities to conduct phodi and durasti. 3. Learned HCGP, on instructions submits that the petitioner's request will be considered and phodi will be conducted and a sketch will be issued provided some reasonable time is granted. 4. The petitioner who has acquired title based on a registered sale deed has a legal right to seek phodi of the petition land. Respondents No.3 and 4 are equally obligated to consider the petitioner's representation and conduct phodi and durasti and assign a new survey number by demarcating the petitioner's property. Therefore, this is a fit case where a mandamus lies. - 4 - NC: 2025:KHC:5808 WP No. 30367 of 2024 5. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondents No.3 and 4 are hereby directed to accomplish phodi and durasti within a period of four months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 0 CT: BHK