IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.17929/2019 (KLR-RR/SUR) BETWEEN:
PRAWASDATTA S/O HAIMARAO AGED ABOUT 50 YEARS R/O PRAKASH PALYA VILLAGE OCC: AGRICULTURIST KOOTANUR HOBLI KOLLEGAL TALUK CHAMARAJANAGAR DISTRICT – 571 440.
(BY SRI. HANUMANTHAPPA B HARAVI GOWDAR, ADVOCATE) AND:
... PETITIONER 1. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE (SURVEY) M.S. BUILDING, GOVERNMENT OF KARNATAKA, BANGALORE – 560 001.
2. THE COMMISSIONER SURVEY SETTLEMENT AND LAND RECORDS K.R. CIRCLE BANGALORE – 560 001.
3. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, GOVERNMENT OF KARNATAKA, AMBEDKAR VEEDHI BANGALORE – 560 001.
4. THE DEPUTY COMMISSIONER CHAMRAJANGAR DISTRICT CHAMRAJANAGAR – 571 313.
5. THE ASSISTANT COMMISSIONER KOLLEGAL SUB-DIVISION CHAMARAJANAGAR & DISTRICT – 571 440.
6. THE TAHSILDHAR HANOOR, CHAMARAJANAGAR POST, PIN CODE NO.571 439.
7. THE ASSISTANT DIRECTOR OF LAND RECORDS TAHASILDHAR OFFICE HANOOR & KOLLEGAL CHAMRAJANGAR DISTRICT PIN CODE NO. 571 440.
8. THE DEPUTY DIRECTOR OF LAND RECORDS CENTRAL OFFICE, K.R. CIRCLE BANGALORE – 560 001.
(BY SRI. Y.D. HARSHA, AGA) ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-6 TO TAKE AND INITIATE NECESSARY STEPS IN THE MATTER AS PER OFFICIAL COMMUNICATION LETTER DATED:01.02.2019 ISSUED BY THE R-8 VIDE ANNX-Q.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Hanumanthappa B Haravi Gowdar, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned AGA who is on advance notice to respondents.
2. Petitioner has submitted an application before the competent authority to undertake “Tatkal Phode” in respect of land bearing Sy.Nos.226, 239, 242, 220 and 240 measuring 4.65 cents, 9.97 cents, 10.32 cents, 4.23 cents and 11.01 cents respectively situated at Gangadhar Katte Village, Lokkanahalli Hobli, Kollegal Taluk, Chamarajanagar District. For conducting the said phodi durasti, necessary fee has already been remitted as per Annexures-F to H on 02.06.2018. A representation dated 04.11.2018 was submitted by petitioner to first respondent as per Annexure-M requesting thereunder to conduct phodi durasti work and no steps having been taken, petitioner is before this Court seeking for a writ of mandamus being issued to sixth respondent to initiate necessary steps in that regard.
3. First respondent by communication dated 05.01.2019–Annexure-N has directed second respondent to look into the matter and thereafter petitioner has submitted one more representation dated 29.12.2018–Annexure-P through “e-janaspandana” portal. Pursuant to which, eighth respondent has issued a communication dated 01.02.2019- Annexure- Q addressed to sixth respondent to take steps on the applications submitted by the petitioner. Yet, no steps having been taken. Hence, petitioner is before this Court.
4. Having regard to the fact that seventh respondent has intimated sixth respondent to take steps as per communication dated 01.02.2019 namely to carryout phodi durasti work pursuant to applications submitted by petitioner and same having not been addressed to by sixth respondent, it is necessary to issue a writ of mandamus.
Hence, I proceed to pass the following:
ORDER (i) Writ petition is allowed.
(ii) A writ of mandamus is issued to sixth respondent directing him to carryout phodi durasti work as per directions issued by seventh respondent vide communication dated 01.02.2019- Annexure-Q expeditiously and at any rate within six (6) weeks from the date of receipt of copy of this order.
SD/- JUDGE DR