Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:36238 WP No. 27585 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27585 OF 2025 (KLR-RR/SUR) BETWEEN:
1.
SMT. ZARINA TAJ W/O.LATE.G.GHOUSEPEER, AGED ABOUT 60 YEARS R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01.
2.
SMT. JABEENA TAJ JAVERIA D/O LATE G. GHOUSEPEER, AGED ABOUT 44 YEARS R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01.
3.
SMT. MEENATAJ SAMMENA TAJ D/O LATE G. GHOUSEPEER, AGED ABOUT 36 YEARS R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01.
4.
SMT. RESHMA TAJ D/O LATE G. GHOUSEPEER, AGED ABOUT 33 YEARS Digitally signed by SHARADAVANI B Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2025:KHC:36238 WP No. 27585 of 2025 R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01.
5.
SRI. ALI AHAMED S/O.LATE. G.GHOUSEPEER AGED ABOUT 47 YEARS, R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01.
6.
SMT. MOHAMMED NAZEER, S/O LATE G. GHOUSEPEER, AGED ABOUT 42 YEARS R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01.
7.
SRI. G. WAZEER PASHA, S/O LATE. G.GHOUSEPEER AGED ABOUT 40 YEARS, R/A 1ST TMC LAYOUT, AZAD NAGAR, SIDLAGHATTA TOWN, CHIKKABALLAPURA DISTRICT-01. …PETITIONERS (BY SRI. PRATHEEP.K.C., ADVOCATE) AND:
1.
THE DEPUTY COMMISSIONER, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-01.
- 3 -
HC-KAR NC: 2025:KHC:36238 WP No. 27585 of 2025
2.
THE TAHSILDAR, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-01
3.
THE ADDITIONAL DIRECTOR OF LAND RECORDS, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT, CHIKKABALLAPURA-01 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, ADVOCATE)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER REPRESENTATION DTD.
03.07.2025 VIDE (ANNX-D) AND FURTHER DIRECT THE RESPONDENTS TO HOLD SURVEY OF SCHEDULE PROPERTIES BY FIXING THE BOUNDARIES IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents.
2.
Learned counsel for the petitioners submits that the petitioners have filed an application online on
- 4 -
HC-KAR NC: 2025:KHC:36238 WP No. 27585 of 2025 07.08.2025 seeking phodi and durast in respect of lands in question, bearing Survey No.21/3 of Hanumanthapura Village, Kasaba Hobli, Sidlaghatta Taluk, but respondent Nos. 2 and 3, who are the competent authority, have not taken any action till date.
3. Respondent Nos. 2 and 3, who are required to take action and conduct the phodi and durast proceedings within the time fixed under the law and, more particularly, the Karnataka Sakaala Services Act, 2011, issued by the State Government, have failed to take action in accordance with law. Therefore, the petitioners are entitled to a writ of mandamus.
4. Accordingly, the writ petition stands disposed of with a direction to respondent Nos.2 and 3 to conduct the phodi and durast proceedings as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this order.
Ordered accordingly.
- 5 -
HC-KAR NC: 2025:KHC:36238 WP No. 27585 of 2025
Learned Additional Government Advocate is permitted file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: JL