IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.5017/2019 (KLR-RR/SUR) BETWEEN:
SRI. MUNIVEERAPPA S/O LATE YALLAPPA @ ABBAIAH AGED ABOUT 65 YEARS R/AT NO 58, DHARMARAYASWAMY TEMPLE ROAD, JIGANI ANEKAL TALUK, BENGALURU – 562 106.
(BY SRI. S.B. LAKSHMI, ADVOCATE) AND:
1 . STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING BENGALURU – 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2 . THE DEPUTY DIRECTOR OF LAND RECORDS, BENGALURU URBAN DISTRICT, K.G. ROAD BENGALURU – 560 009.
3 . THE TAHASILDAR ANEKAL TALUK ANEKAL – 562 106.
(BY SRI. S.B. LOKSHMI, ADVOCATE) ...PETITIONER …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECTE THE RESPONDENTS FOR MAKING PHODI AND DURSASHTI.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for Preliminary Hearing ‘B’ Group, by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Heard Smt.S.B.Lakshmi, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned AGA appearing for respondents. Perused the case papers.
3. Petitioner has sought for direction to respondents to take steps for phodi and durasti work in respect of land bearing Sy.No.67/5 measuring 4 acres situated at Nanjapura Village, Jigani Hobli, Anekal Taluk, Bengaluru District.
4. Alleging that representation submitted by petitioner on 25.06.2009 had not been considered, he had approached this Court in W.P.No.48582/2013. Coordinate Bench disposed of said writ petition by order dated 11.11.2013-Annexure-A, whereunder third respondent was directed to consider the representation of petitioner in accordance with law and in expeditious manner and at any rate within a period of one year from the date of receipt of certified copy of the order.
5. Pursuant to direction issued petitioner submitted one more representation on 13.12.2013- Annexure-B to the Surveyor for carrying out phodi durasti work in respect of land in question. A meeting came to be held on 12.02.2014 under the Chairmanship of second respondent whereunder in subject No.6 the matter relating to land in question was taken up and resolved to conduct phodi durasti and update the records under Section 67(2) of Karnataka Land Revenue Act. Thereafter Assistant Commissioner passed an order on 19.12.2014 – Annexure-D directing third respondent herein to carryout the phodi durasti work. Thereafter steps have been taken for conducting phodi durasti and during the course of process it was found that an extent of 5 acres 36 guntas had been reduced in said survey. First respondent accordingly passed an order on 13.11.2015 according approval to amend the Aakar Bandh as per Rule 36(1) of Karnataka Land Revenue Rules. On account of there being no clarity the jurisdictional Assistant Commissioner by communication dated 02.01.2018 had sought for certain clarifications and on account of said phodi durasti work having not been taken to its logical end, petitioner is before this Court.
6. In the background of communication dated 02.01.2018-Annexure-F addressed to third respondent by Assistant Commissioner, this Court is of the considered view that it would suffice to direct third respondent to take steps pursuant to said communication in accordance with law by forwarding the clarification/explanation sought for. Same shall be furnished by third respondent to jurisdictional Assistant Commissioner expeditiously at any rate within six (6) months from the date of receipt of copy of this order. Accordingly, writ petition stands disposed of.
SD/- JUDGE DR