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2025 DAILYLAW 46345 (KAR)

SRI H K ASHOK v. THE STATE OF KARNATAKA

WP/3070/2025 · 2025-02-24

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:8092 WP No. 3070 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.3070 OF 2025 (KLR-RR/SUR) BETWEEN: SRI.H K ASHOK S/O LATE KARIGOWDA AGED ABOUT 67 YEARS RESIDING AT B HOSAHALLI BANAKAL HOBLI MUDIGERE TALUK CHIKKAMAGALURU DISTRICT - 577113 …PETITIONER (BY SRI. NAVEEN J, ADVOCATE) AND: 1. THE STATE OF KARNATAKA RERPESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT CHIKKAMAGALURU - 57701 3. THE ASSISTANT COMMISSIONER CHIKKAMAGALURU SUB DIVISION CHIKKAMAGALURU - 57701 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8092 WP No. 3070 of 2025 4. 5. THE TAHSILDAR REVENUE DEPARTMENT TALUK OFFICE MUDIGERE MUDIGERE TALUK 577133 THE ASSISTANT DIRECTOR OF LAND RECORDS DEVANAHALLI TALUK - 562110 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO THE R4 TO CONDUCT DURASTHI PHODI OF THE SUBJECT LAND AS DETAILED IN THE REPRESENTATION DATED 07/06/2024 VIDE ANNEXURE-E 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 In the captioned writ petition, the petitioner is seeking mandamus against respondent Nos.4 and 5 to conduct phodi and durasti of the subject land by considering the application dated 07.06.2024 as per Annexure-E. - 3 - NC: 2025:KHC:8092 WP No. 3070 of 2025 2. Heard learned counsel for the petitioner and learned HCGP appearing for the State. 3. The petitioner claims that he is the owner of the petition land. The petitioner is tracing title based on the Grant Certificate issued in favour of the petitioner on 25.09.2010. 4. On examining the records, this Court is of the view that the petitioner has a legal right to seek phodi and durasti to enable him to get granted land demarcated. 5. Learned HCGP, on instructions, submits that the petitioner's application will be considered in accordance with law and after verifying the records, the phodi will be accomplished provided some reasonable time is granted. 6. Recording his assurance, this Court proceeds to pass the following; - 4 - NC: 2025:KHC:8092 WP No. 3070 of 2025 ORDER (i) The writ petition is allowed. (ii) Respondent Nos.4 and 5 are hereby directed to secure all the relevant records and proceed to conduct phodi and durasti insofar as petitioner's land is concerned. (iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 31