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2025 DAILYLAW 45541 (KAR)

MANJUNATH PRASAD K S v. ASSISTANT COMMISSIONER

WP/32300/2024 · 2025-02-27

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:8514 WP No. 32300 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32300 OF 2024 (KLR-RR/SUR) BETWEEN: MANJUNATH PRASAD K.S, S/O SHIVARAMU K, AGED ABOUT 62 YEARS, R/AT NO. KASABA HOBLI, KUNDANAHALLI, MANDYA MAKAVALLI, KARNATAKA - 571 426. (AS PER AADHAR CARD OF THE PETITIONER) …PETITIONER (BY SRI. P.N. HEGDE, ADVOCATE) AND: 1. ASSISTANT COMMISSIONER, MANDYA SUB-DIVISION, MANDYA DISTRICT - 571 401. 2. TAHSILDAR K.R. PETE TALUK TALUK, MANDYA DISTRICT - 571 401. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT AUTHORITY TO CONSIDER AND DECIDE UPON THE PETITIONERS APPLICATION/REPRESENTATION DATED 31.05.2024 AT ANNX-A IN ACCORDANCE WITH LAW AND Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:8514 WP No. 32300 of 2024 WITHIN A TIME FRAME DEEMED APPROPRIATE BY THIS HONBLE COURT. 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 in the captioned petition is seeking a mandamus alleging that there is inaction on the part of respondent No.2-Tahasildar in not conducting phodi and durasti despite the representation tendered on 31.05.2024. 2. Learned HCGP, on instructions, submits that the petitioner expect application has not annexed any necessary title documents and revenue records to enable respondent No.2-Tahasildar to accomplish survey and durasti. Learned HCGP would fairly concede that this petition will be treated as representation and respondent No.2-Tahasildar, in coordination with the Assistant Director of Land Records, will accomplish phodi and durasti provided some reasonable time is granted. - 3 - NC: 2025:KHC:8514 WP No. 32300 of 2024 3. Recording the assurance of learned HCGP, this Court passes the following: ORDER i. The writ petition is allowed; ii. Learned HCGP shall forthwith remit a copy of writ petition to respondent No.2-Tahasildar which contains true copies of title documents and all revenue records; iii. Respondent No.2-Tahasildar, on receipt of writ papers from the AG office, shall forthwith accomplish phodi and durasti in co-ordination with ADLR; 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 HDK List No.: 1 Sl No.: 16 CT: BHK