SRI. K. J. RAJGOPALA REDDY v. THE STATE OF KARNATAKA
WP/30602/2024 · 2025-02-10
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34835 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34835 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5809 WP No. 30602 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. 30602 OF 2024 (KLR-RES) BETWEEN:
SRI. K.J. RAJGOPALA REDDY, S/O JAKKAREDDY T, AGED ABOUT 60 YEARS, RESIDING AT NO.192, KADAGATHUR, MADHUGIRI TALUK, TUMKUR DIST - 572 127. …PETITIONER (BY SMT. 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, MINI VIDHAN SOUDHA, TUMKUR DISTRICT - 572 101.
3.
THE ASSISTANT COMMISSIONER TUMKUR DIVISION, TUMKUR - 572 101.
4.
THE TAHSILDHAR, TUMKURU TALUK, TUMKUR - 572 101. Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:5809 WP No. 30602 of 2024
5.
THE ADDITIONAL DIRECTOR OF LAND RECORDS, TUMKURU DIST - 572 101.
6.
THE COMMISSIONER, STATE OF LAND RECORDS, K.R. CIRCLE, BANGALORE - 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 R-3 TO DEMACRATE THE PETITIONERS PROPERTY WITH RESPECT TO SY.NO.24/57 MEASURING 2.00 ACRES, SITUATED AT A.K.KAVAL, GULUR HOBLI, TUMKURU DISTRICT AS PER THE REPRESENTATION VIDE ANNEXURE-D 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 petitioner alleging inaction on the part of respondents No.4 and 5 is compelled to knock the doors of the writ court.
2. The petitioner asserts to be the absolute owner of the petition land bearing Sy.No.24/57 measuring 2
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NC: 2025:KHC:5809 WP No. 30602 of 2024 acres, situated at A.K.Kavala, Gulur Hobli, Tumkur District. The petitioner is tracing title through a sale deed dated
22.12.2006. Though the petitioner's name is reflected in RTC, the petitioner is aggrieved by the non-consideration of the representation dated 18.09.2020. 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.4 and 5 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.
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NC: 2025:KHC:5809 WP No. 30602 of 2024
5. For the foregoing reasons, this Court passes the following:
ORDER i. The writ petition is allowed; ii. Respondents No.4 and 5 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.: 18 CT: BHK