IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.25620/2019(KLR-RR/SUR) BETWEEN 1. SRI. CHIKKABAIRAPPA S/O LATE THENGINAMARADA CHIKKANNA, AGED ABOUT 84 YEARS, 2. NARAYANA S/O CHIKKABAIRAPPA, AGED ABOUT 24 YEARS, BOTH ARE RESIDING AT NELAGADARANAHALLI VILLAGE, YESHWANTHAPURA HOBLI, BANGALORE NORTH TALUK – 560 022 ... PETITIONERS (BY SRI RAKSHIT K N, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, BANGALORE-560001 2. THE TAHSHILDAR BANGALORE NORTH TALUK, BANGALORE-560 046.
3. THE REVENUE INSPECTOR YESHWANTHPUR 2 SUB DIVISION, BANGALORE NORTH TALUK, BANGALORE-560 022. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER VIDE ANNEXURE-D DATED 27.03.2018 WITHIN THE TIME STIPULATED BY THIS HON'BLE COURT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are parties to the proceedings in FDP.No.78/2009 which was filed pursuant to the judgment and decree passed in OS.No.2924/2003 on the file of Additional City Civil and Sessions Judge (CCH-39), Bengaluru.
2. Admittedly, the aforesaid proceedings is with reference to partition of certain properties belonging to the family of petitioners, where it is stated that the petitioners are granted a share of 14 guntas in Sy.No.23/2 of Nelagadaranahalli, Yeshwanthpur Hobli, Bengaluru North Taluk. It is this portion which is separate and distinct from the share of other members of the family, which is sought to be demarked by conducting phodi and durasth work of said land. In this behalf an application is filed before the authorities on 27.3.2018. Though the said application is pending for more than 1 year 4 months, till today they have not received any communication. In this background the present writ petition is filed seeking writ of mandamus to respondents for conducting phodi and durasth work.
3. The learned Additional Government Advocate who has taken notice for respondents 1 to 3 would submit that the authorities have already taken up the work of referring the matter for phodi and durasth to the concerned Officer, for which a minimum time of 4 to 6 weeks are required, within which time the said formality will be completed.
4. Accepting the submission of learned Additional Government Advocate, this writ petition is disposed of with a clear direction to respondents 2 and 3 to ensure that they shall inspect the property which has fallen to the share to petitioners in larger extent of Sy.No.23/2 of Nelagadaranahalli, Yeshwanthpur Hobli, Bengaluru North Taluk, along with ADLR of the said area, thereafter, they shall prepare a report and send the same to the office of ADLR, where the ADLR shall take necessary steps to complete the formality of conducting phodi and durasth work to aforesaid extent of land, identify the share of the petitioners in the proceedings and give a separate number to them.
5. The entire process shall be completed within 8 weeks from this day. It is made clear that if within 8 weeks the said work is not completed, the petitioners without wasting further time, are at liberty to approach the Contempt Court for disobedience of the order of this Court in conducting the phodi and durasth work, as stated supra.
With such observations, this writ petition is disposed of.
nd/-
Sd/- JUDGE