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2025 DAILYLAW 89471 (KAR)

SRI K S RAJASHEKARAIAH v. THE STATE OF KARNATAKA

WP/10880/2024 · 2025-08-18

R Devdas

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:31872 WP No. 10880 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.10880 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI. K.S. RAJASHEKARAIAH S/O LATE SIDDAMALAIAH AGED ABOUT 71 YEARS, RESIDING AT KYATHASANDRA, SIDDAGANGA MUTT ROAD, TUMAKURU-572 104. …PETITIONER (BY SRI. FAYAZ SAB B.G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, 5TH FLOOR, AMBEDKAR VEEDHI, MULTI STORIED BUILDING, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU-572 101. 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT, TUMAKURU-572 101. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31872 WP No. 10880 of 2024 4. THE ASSISTANT DIRECTOR OF LAND RECORDS TUMAKURU TALUK, TUMAKURU DISTRICT, TUMAKURU-572 101. 5. THE TAHASILDAR TUMAKURU TALUK, TUMAKURU-572 101. …RESPONDENTS (BY SRI. SESHU V., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER THE ONLINE APPLICATION SUBMITTED BY THE PETITIONER FOR PHODI AND FOR ASSIGNMENT OF SUB SURVEY NUMBER TO THE SCHEDULE PROPERTY BEARING SY.NO.300/1 MEASURING 05.12.00 GUNTAS OF MYDALA AMANIKERE, OORDIGERE HOBLI, TUMAKURU TALUK, TUMAKURU DISTRICT AND THE SAME WAS ACQUIVED BY PETITIONER HREIN A SUIT FILED HIM SEEKING FOR THE RELIEF OF PARTITION AND SEPARATE POSSESSION OF HIS SHARE IN ANCESTRAL PROPERTIES IN O.S.NO.05/1999 ON THE FILE OF THE PRINCIPAL SENIOR CIVIL JUDGE (SR DN) AND JMFC AT TUMAKURU WHEREIN A FINAL DECREE WAS DRAWN ON 27.03.1999 IN O.S.NO.05/1999 ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE (SR. DN.) AND JMFC AT TUMAKURU WHICH IS PRODUCED AND MARKED AS ANNX-A AND APPLICATION/NOTICE DATED 15.06.2023 WHICH IS PRODUCED MARKED AS ANNX-E. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31872 WP No. 10880 of 2024 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate is directed to take notice for all the respondents. 2. Learned counsel for the petitioner submits that the petitioner has filed an online application on 15.06.2023 for phodi and durast, however, the application has not been considered by the respondent No.5. Therefore, the prayer in the writ petition is to issue a writ of mandamus directing respondents to dispose of the pending application in accordance with law, within a time frame. 3. Having regard to the innocuous prayer made by the petitioner, the writ petition stands disposed of with a specific direction to respondent No.5-Tahasildar, to carry out the phodi and durast in terms of the online application filed by the petitioner on 15.06.2023, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. - 4 - HC-KAR NC: 2025:KHC:31872 WP No. 10880 of 2024 Ordered accordingly. 4. Learned Additional Government Advocate is permitted to file memo of appearance within four weeks from today. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 3