IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.43051/2018 (KLR-RES) BETWEEN SRI GANGAPPA S/O MUNIYAPPA AGED ABOUT 68 YEARS RESIDING AT BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK-562 110 BENGALURU RURAL DISTRICT ... PETITIONER (BY SRI A S MAHESH, ADVOCATE) AND 1. REVENUE SECRETARY STATE OF KARNATAKA M S BUILDINGS VIDHANA VEEDI ROAD, BENGALURU-560 001 2. THASILDAR DEVANAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 110 3. ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION, DODDABALLAPURA-561 203 BENGALURU RURAL DISTRICT 4. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, PHODIUM BLOCK, BENGALURU-560 001 5. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT PHODIUM BLOCK, BENGALURU-560 001 6. ASSISTANT DIRECTOR OF LAND RECORDS DEVANAHALLI TQ., DEVANAHALLI BANGALORE RURAL DISTRICT.
(R6 - AMEMDED AS PER COURT ORDER DATED 23.04.2019) ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 6) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO COMPLETE OR DO THE PHODI DURASTHI WORK IN RESPECT OF THE PETITIONER’S LAND IN QUESTION UNDER GRANT i.e., LAND IN SY.No.91 MEASURING 4 ACRES OF ALURUDUDDANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT VIDE ANNEXURE-U DATED 4.10.2017 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is grantee of 04 Acres of land in Sy. No.91 situate at Alurududdanahalli village, Kundana hobli, Devanahalli Taluk, Bengaluru Rural District. He has sought for direction to the respondents to complete the phodi durasthi work in respect of the petitioner’s land.
2. Admittedly, the said land was gomal land in which an extent of 04 Acres was granted in favour of the petitioner by Special Deputy Commissioner, Bengaluru, vide official memorandum No.B.Dis.LND.SR.(1).500/78-79 dated 02.09.1978 followed by official memorandum No.D.Dis.LND.RUC.23/78-79 dated 16.09.1978 (Annexure ‘A’ to the petition) issued by Assistant Commissioner, Doddaballapura Division, Bengaluru and official memorandum bearing No.LND.SR1.12/78-79 dated 25.09.1978 (Annexure ‘B’ to the petition) issued by Tahasildar, Devanahalli Taluk. It is stated that saguvali chit was issued on 15.10.1978, copy of which is at Annexure ‘C’ to the petition and the land was mutated in the name of the petitioner vide M.R. No.17/78-79.
3. The grant of the said land in favour of the petitioner is not in dispute as stated by Sri B.R. Manjunath, Tahasildar of Devanahalli Taluk, who is present before this Court. He has brought the original records along with him. Sri Sudhakar Kattimani, Assistant Director of Land Records, Devanahalli Taluk, is also present before this Court. They would undertake to complete the phodi and durasthi work in respect of the land in Sy. No.91 if necessary orders are passed by this Court.
4. Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 6. Perused the material on record.
5. The records would indicate that though the petitioner was granted land measuring 04 Acres in Sy. No.91 in the year 1978, he has not been able to get the said land phoded in his name by getting durasthi of the land conducted.
According to him, some unscrupulous persons are preventing him from going near his land and getting the same surveyed.
6. At this juncture, learned Additional Government Advocate for the State would submit that if necessary orders are passed directing the Police force to give protection to the officials of Survey Department, they are willing to take up survey work in respect of the land bearing Sy. No.91 situate at Alurududdanahalli village, kundana hobli, Devanahalli Taluk, Bengaluru Rural District. He would further state that while conducting the said survey, 04 Acres of land, which is granted in favour of the petitioner herein, would be identified and demarcated by following the procedure prescribed under law. Learned Additional Government Advocate would also submit that at the time of conducting phodi work, the petitioner should be present at the spot to identify the land, which is granted to him.
7. By placing the said submission of the learned Additional Government Advocate for the State and learned counsel for the petitioner, who would accept that the petitioner would be present at the spot when survey would be conducted by the official/s of the Survey department, this Court would direct respondent Nos.2 to 6, namely, Tahasildar, Devanahalli Taluk, Assistant Commissioner, Doddaballapura sub-division, Deputy Commissioner, Bengaluru Rural District, Deputy Director of Land Records, office of the Deputy Commissioner, Bengaluru Rural District and Assistant Director of Land Records, Devanahalli Taluk, to secure the necessary Police force to conduct survey work of the entire extent of 81 Acres of land in Sy. No.61 situate at Alurududdanahalli village, kundana hobli, Devanahalli Taluk, Bengaluru Rural District, and while conducting the said survey, to identify 04 Acres of land, which is granted in favour of the petitioner herein and after conducting phodi and durasti work, to issue new survey number to the said extent. The aforesaid exercise shall be completed within 60 days from the date of receipt of certified copy of this order. With such directions to respondent Nos.2 to 6, this Writ Petition is disposed of.
8. It is made clear that if the said exercise is not completed by the authorities within the time stipulated above, it is open for the petitioner to seek either revival of this petition for further orders or to approach the contempt Court for inaction on the part of respondent Nos.2 to 6 herein.
9. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma