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 NOS.33812-33813 OF 2018 (KLR-RES) BETWEEN:
1. Sri.N.Venkatesh S/o late G.Naryanappa Aged about 52 years Agriculturist 2. Sri.N.Ramaprakash S/o late G.Narayanappa Aged about 43 years Agriculturist Both are residents of Haragadde Village Jigani Hobli, Anekal Taluk Bangalore Urban District – 560 105.
...Petitioners (By Sri\Smt.J.Kaladeepa, Advocate) AND:
1. The State of Karnataka Department of Revenue M.S.Building, Dr.Ambedkar Veedi Bangalore – 560 001 Represented by its Principal Secretary 2. The Deputy Commissioner Bangalore Urban District D.C.Office Building K.G.Road Bangalore – 560 009.
3. The Tahsildar Anekal Taluk, Anekal Bangalore Urban District – 562 106.
4. Assistant Director of Land Records Taluk Office, Anekal Anekal Taluk Bangalore Urban District – 562 106. (By Sri.Venkatesh Dodderi, AGA) ...Respondents These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to conduct survey and phodi durath by fixing the boundaries of the schedule property measuring 27 guntas in Sy.No.160 Government Gomal land of Haragadde Village, Jigani Hobli, Anekal Taluk which is in actual possession of the petitioners, in pursuance of their representations dated 30.07.2015 and 4.7.2017 produced at Annexure-G1 and G2 respectively by assigning new survey number.
These Writ Petitions coming on for Orders, this day, the Court made the following:
O R D E R The petitioners herein are seeking writ of mandamus to respondent Nos.2, 3 and 4 to conduct survey and phodi durasth of the petition schedule property viz., Sy.No.160 of Haragadde Village, Jigani Hobli, Anekal Taluk measuring to an extent of 27 guntas. According to the petitioners, aforesaid land was granted in favour of his father Sri.G.Narayanappa on 07.10.1996, which was said to be registered in his father’s name earlier and now mutated to his name, after it was allotted to his share in a family partition. According to the petitioners, they have filed a representation dated 04.07.2017, which is not yet considered by the respondents.
2. Heard the learned counsel for the petitioners as well as the learned Additional Government Advocate appearing on behalf of respondent Nos.1 to 4.
3. Learned AGA submits that direction may be issued to consider the representation in accordance with law on time bound basis.
4. Accordingly, these Writ Petitions are allowed directing respondent Nos.2, 3 and 4 to conduct phodi and durath work in respect of property in question, if the applications are in order and the same shall be considered in accordance with law within a period of six months from the date of receipt of copy of this order.
Sd/- JUDGE Prs*