IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.35129/2017 (KLR-RR/SUR) BETWEEN SRI KARUNODAYA S/O MUNISHAMAPPA R/O THIRUMALASHETTIHALLY VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK-562114 BENGALURU RRUAL DISTRICT. ... PETITIONER (By Sri M.B.CHANDRACHOODA, ADV.) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO GOVERNMENT REVENUE DEPARTMENT M S BUILDING DR AMBEDKAR VEEDHI BENGALURU-560001.
2. THE DEPUTY DIRECTOR OF LAND RECORDS BENGALURU RURAL DISTRICT 4TH FLOOR, V V MINI TOWER BENGALURU-560001.
3. THE ASSISTANT DIRECTOR OF LAND RECORDS HOSAKOTE TALUK OFFICE HOSAKOTE-572114 BENGALURU RURAL DISTRICT.
4. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION OFF:IST FLOOR TALUK OFFICE BUILDING DODDABALLAPURA BENGALURU RURAL DISTRICT-561203.
5. THE TAHASILDAR HOSAKOTE TALUK-572114 HOSAKOTE, BENGALURU RURAL DISTRICT-562114 RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-5 TO EFFECT THE PHODI WORK IN RESPECT OF LAND BEARING SY.NO.5/P13, MEASURING 2-00 ACRES, SITUATED AT THIRUMALASHETTIHALLI VILLAGE, ANUGONDANAHALLI HOBLI, HOSAKOTE TALUK, AS PER THE APPLICATION DTD.29.9.2016 FILED BY THE PETITIONER VIDE ANNEX-G.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioner has approached this Court seeking a writ of mandamus against the Tahsildar, Hosakote Taluk – respondent No.5 herein to effect phodi in respect of land bearing Sy.No.5/P13 measuring 2 acres situated at Thirumalashettihalli, Hosakote Taluk. Petitioner has filed an application in this connection on 29.09.2016 as per Annexure-G before the Tahsildar, Hoskote Taluk. So far, said application has not been considered and phodi work has not been conducted in respect of the land in question.
Hence, petitioner has approached this Court seeking a writ of mandamus against the Tahsildar, Hoskote Taluk.
2. I have heard learned counsel for petitioner and learned Additional Government Advocate who has taken notice for respondents 1 to 5 .
3. Learned Additional Government Advocate, on instructions from respondent No.5, submits that application filed as per Annexure-G would be considered and phodi of the land in question would be conducted as expeditiously as possible.
4. In the light of the grievance made by petitioner and in view of non-consideration of representation Annexure-G by the Tahsildar, Hoskote though representation was given as back as on 29.09.2016, I am of the view that a direction needs to be issued to the Tahsildar, Hoskote Taluk to carry out phodi work in respect of the land in question.
5. Accordingly, this writ petition is allowed. A direction is issued to 5th respondent - Tahildar, Hoskote Taluk, to carry out phodi work of Sy.No.5/P13 measuring 2 acres situated at Thirumalashettihalli, Hosakote Taluk by considering the application in accordance with law within a period of four months from the date of receipt of a copy of this order.
6. Learned Additional Government Advocate is permitted to filev memo of appearance within three weeks from today.
Sd/- JUDGE VP