Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6015 WP No. 34945 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE M.G.S. KAMAL WRIT PETITION NO. 34945 OF 2024 (LA-RES) BETWEEN:
1.
SRI. SAMPATH KUMAR K.T., S/O LATE THAMMAIAH GOWDA, AGED ABOUT 62 YEARS,
2.
SRI. K. T. RAVI, S/O LATE THAMMAIAH GOWDA, AGED ABOUT 55 YEARS,
BOTH ARE RESIDENTS OF KARKOOTA - SARYA VILLAGE, KASABA HOBLI, N.R.PURA TALUK, CHIKKAMAGALUR DISTRICT - 577 134. …PETITIONERS (BY SRI. N.B.NIJALINGAPPA., ADVOCATE) AND:
1.
THE TAHSILDAR, N.R.PURA TALUK, N.R.PURA, CHIKKAMAGALURU DISTRICT - 577 134.
2.
ASSISTANT DIRECTOR OF LAND RECORDS, N.R. PURA TALUK, N.R.PURA, CHIKKAMAGALURU DISTRICT - 577 134.
3.
DEPUTY DIRECTOR OF LAND RECORDS, CHIKKAMAGALUR DISTRICT, CHIKKAMAGALUR - 577 101.
Digitally signed by SUMA B N Location: High Court of Karnataka
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NC: 2025:KHC:6015 WP No. 34945 of 2024
4.
ASSISTANT EXECUTIVE ENGINEER, KARNATAKA IRRIGATION DEPARTMENT, NO.1, B.R.L.B.C. SUB DIVISION, B.R. PROJECT, BHADRAVATHI, SHIVAMOGGA DISTRICT - 577 115.
5.
SMT. SAVITHA, W/O RAGHU, AGED ABOUT 47 YEARS, RESIDENT OF KARKOOTA - SARYA VILLAGE, HONNEKODIGE, KASABA HOBLI, N.R.PURA TALUK, CHIKKAMAGALUR DISTRICT - 577 134. …RESPONDENTS (BY SMT.SPOORTHY HEGDE N., HCGP FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 TO FURNISH THE SKETCH PREPARED WITH RESPECT TO ACQUIRED LANDS FOR BHADRA PROJECTS AT SARYA VILLAGE, KASABA HOBLI, N.R.PURA TALUK.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE M.G.S. KAMAL
ORAL ORDER
Petitioners are before this Court claiming to be the owners in possession and enjoyment to an extent of 1 Acre 6 Guntas of the land forming part of Sy.No.45 situated at Sarya Village, N.R.Pura Taluk.
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NC: 2025:KHC:6015 WP No. 34945 of 2024
2. It is contended that the said land forms part of larger extent i.e., 3 acres 6 guntas, of which, 1 acre was acquired / submerged towards Bhadra project and that there is a dispute between the petitioners and the respondent No.5 with regard to the remaining extent of land.
Matter is pending adjudication before the respondent No.3-Deputy Director of Land Records, Chikkamagaluru.
3.
Learned Counsel for the petitioners submits unless and until the respondent-authorities conduct survey and identify the remaining extent of land and the land which was submerged, the dispute between petitioners and respondent No.5 which is pending consideration before respondent No.3 cannot be effectively adjudicated. Hence, he seeks issuance of direction to the respondent No.4 to conduct survey and furnish sketch in respect of the land which has been utilized for the Bhadra project in Survey No.45.
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NC: 2025:KHC:6015 WP No. 34945 of 2024
4. Learned Additional Government Advocate in response submits that function of conducting the survey and preparing the sketch essentially has to be done by the respondents No.2 and 3. He further submits that when the matter between the petitioners and the respondent No.5 is pending consideration before respondent No.3, respondent No.3 himself can call for survey of the land as is sought for by the petitioners in this petition.
5. In that view of the matter, the following:-
ORDER
Petitioners are at liberty to file necessary application before the respondent No.3-Deputy Director of Land Records, who is considering the dispute between the petitioners and respondent No.5.
Upon such application being made, respondent No.3 shall cause for survey of the land to be done and
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NC: 2025:KHC:6015 WP No. 34945 of 2024
thereafter, proceed with the matter pending consideration before him.
Accordingly, petition stands disposed of.
Sd/- (M.G.S. KAMAL) JUDGE
PSJ List No.: 1 Sl No.: 11