- 1 - NC: 2025:KHC:5187 WP No. 34818 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. 34818 OF 2024 (KLR-RES) BETWEEN: SRI NAGARAJA M AGED ABOUT 52 YEARS, S/O LATE MUNIYAPPA @ GIDDA, R/AT KUDIYANURU VILLAGE AND POST, MALUR TALUK, KOLAR DISTRICT-563101 BENEFIT OF SENIOR CITIZEN NOT CLAIMED …PETITIONER (BY SRI. MUNIGANGAPPA M, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, M.S.BUILDING, K.R.CIRCLE, BENGALURU-560001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563101 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR-563101 4. THE TAHSILDAR MALUR TALUK, KOLAR DISTRICT-563101 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5187 WP No. 34818 of 2024 5. DIRECTOR OF SURVEY SETTLEMENT AND SURVEY RECORDS K R CIRCLE, BENGALURU-560001 6. DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT, KOLAR DISTRICT, KOLAR-563101 7. ASSISTANT DIRECTOR OF LAND RECORDS MALUR TALUK, KOLAR DISTRICT-563101 …RESPONDENTS (BY SRI.MANJUNATHA.K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO FORTHWITH EFFECT THE PHODI AND DURASTH OF THE LAND IN BEARING SURVEY NO. 197/P3 MEASURING AN EXTENT OF 2 ACRES 19 GUNTAS OUT OF 2 HECTORS, SITUATED AT KUDIYANUR VILLAGE, MALUR TALUK, KOLAR DISTRICT, WHICH IS IN POSSESSION AND ENJOYMENT OF THE LAND, IN ACCORDANCE WITH THE DIRECTIONS ISSUED BY THE DEPUTY COMMISSIONER, KOLAR DISTRICT BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONER DATED 18.06.2007 VIDE ANNEXURE-E; DATED 04.08.2007 VIDE ANNEXURE-F, DATED 07.08.2008 VIDE ANNEXURE-G, DATED 28.04.2014 VIDE ANNEXURE-K DATED 06.01.2017 VIDE ANNEXURE-L, DATED 27.06.2018 VIDE ANNEXURE-M, DATED 04.09.2018 VIDE ANNEXURE-N, DATED 01.10.2022 VIDE ANNEXURE-P, 05.12.2022 VIDE ANNEXURE-Q AND DATED 08.02.2024 VIDE ANNEXURE-S, AS PER THE CIRCULAR ISSUED BY THE GOVERNMENT OF KARNATAKA VIDE ITS RD NO.74 LGP 2009 DATED 17.09.2009 VIDE ANNEXURE-T TO EFFECT THE PHODI OF THE PETITIONER LAND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:5187 WP No. 34818 of 2024 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This captioned petition is filed alleging inaction on the part of respondents in not effecting durasth/survey and phodi in respect of petition land in Sy.No.197/P3, measuring 2 acres 19 guntas of Kudiyanur Village, Malur Taluk, Kolar District. 2. Petitioner asserts that petitioner's father purchased the petition land in public auction conducted by the State, way back in 25.02.1970. Petitioner who has inherited the property left by his father has moved an application seeking durasth/phodi. Alleging inaction this petition is filed. 3. Heard learned counsel for the petitioner and learned High Court Government pleader for respondents. 4. Learned High Court Government Pleader on instructions submit that authorities are wiling to conduct phodi by taking note of the relevant documents furnished by the petitioner and also Circular dated 17.09.2009 which - 4 - NC: 2025:KHC:5187 WP No. 34818 of 2024 is evidenced at Annexure-T, provided some reasonable time is granted. Recording assurance given by the learned High Court Government Pleader, this Court proceeds to pass the following: ORDER i. Writ petition is allowed. ii. Respondent authorities are hereby directed to forthwith act upon the application submitted by the petitioner by taking note of relevant documents furnished by the petitioner and also the Circular dated 17.09.2009 which is evidenced at Annexure-T. iv. This exercise shall be accomplished within a period of three months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE RR List No.: 1 Sl No.: 17