IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.34928/2018(KLR-RES) BETWEEN 1. SRI. KRISHNA NAIK S/O RAMJI NAIK SINCE DECEASED BY HIS LEGAL REPRESENTATIVES 1(a) KAMALA BAI W/O KRISHNA NAIK AGED ABOUT 86 YEARS, 1(b) CHANDRA NAIK S/O KRISHNA NAIK AGED ABOUT 66 YEARS 1(c). PARVATHI BAI D/O KRISHNA NAIK AGED ABOUT 56 YEARS R/O THOWDUR TANDA HARAPANAHALLI TALUK DAVANAGERE DISTRICT – 577 001 1(d) KUMAR NAIK S/O LATE KRISHNA NAIK AGED ABOUT 54 YEARS, 1(e) RAMASHETTY NAIK, S/O KRISHNA NAIK AGED ABOUT 51 YEARS, THE PETITIONERS 1(a), 1(b) 1(d) AND 1(e) ARE ALL AGRICULTURISTS R/O VENKATESHPURA VILLAGE JAGALUR TALUK DAVANAGERE DISTRICT – 570 001 …PETITIONERS (BY SRI PRAKASH .M FOR SRI NAIK.N.R, ADVOCATES) AND :
1. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BANGALORE – 560 001 2. THE ASST. COMMISSIONER HARAPANAHALLI SUB -DIVISION HARAPANAHALLI DAVANAGERE – 577 001 3. THE ASST. DIRECTOR FOR LAND RECORDS JAGALUR TALUK, JAGALUR DAVANAGERE DISTRICT – 577 001 4. THE TAHSILDAR JAGALUR TALUK, JAGALUR DAVANAGERE DISTRICT-577 001 5. SRI SEVYANAIK S/O VALYANAIK AGED ABOUT 66 YEARS 6. SRI ONKARNAIK @ OBAYANAIK S/O MURTHINAIK AGED ABOUT 41 YEARS 7. SRI KUMAR NAIK S/O VALYANAIK AGED ABOUT 58 YEARS, 8. SRI LOHITHNAIK S/O DHAKYANAIK AGED ABOUT 44 YEARS RESPONDENTS NO.5 TO 8 ARE RESIDENTS OF VENKATESHPURA VILLAGE, IN JAGALUR TALUK DAVANAGERE DISTRICT- 577 001. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1 TO R4, R5 TO R8 ARE SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS 3 AND 4 TO EFFECT THE PHOD AND DURASTH AND PREPARE THE SKETCH FOR 4 ACRES OF LAND BELONGS TO THE PETITIONERS SITUATED AT SY.NO.63 OF GURUSIDDAPURA VILLAGE, JAGALUR TALUK, DAVANGERE DISTRICT AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Legal representatives of Krishna Naik, original plaintiff in OS.No.67/2012 on the file of Junior Civil Judge, Jagalur, Davanagere District, have come up in this writ petition seeking mandamus to respondents 3 and 4 to effect Phodi and Durasth work of Sy.No.63 situated at Gurusiddapura Village, Jagalur Taluk, Davanagere District and to identify 4 acres of land belonging to the petitioners. They have also sought for stay of further proceedings in OS.No.67/2012 on the file of Junior Civil Judge, Jagalur, till submission of report of Phod and Durasth with reference to aforesaid extent of land in question.
2. When this matter is taken up for consideration to- day, it is seen that in OS.No.67/2012, the Court below has already passed an order for conducting of spot inspection and identifying the extent of land said to be in possession of each of the plaintiffs in said suit, who are petitioners herein. Therefore, even before the correctness or otherwise of the report thereof is decided by the Court below, the petitioners have approached this Court seeking direction to the respondents to conduct Phodi and Hadbasth with reference to the extent of land said to be granted in favour of the petitioners’ father in aforesaid survey number and till such time to stay the entire proceedings in OS.No.67/2012, which cannot be considered.
3. In that view of the matter, this writ petition is disposed of. However, it is open for the petitioners to pursue the original suit which is filed by them for the relief of permanent injunction and after securing necessary orders in said proceedings, it is also open for them to approach the authorities seeking Phodi and Durasth of land said to be granted in favour of their father.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE nd/-