IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.19728/2014 AND WRIT PETITION Nos.24137-24152/2014 (LB-RES) Between:
1. Sri Narasimha Swamy, S/o Late Sri Narasimha Murthy, Aged about 50 years, R/o 4th Cross, Sihineeru Kola, Mandya.
2. Sri Raju, S/o Sri Doddikishnachar, Aged about 56 years, R/o 1st Cross, Sihineeru Kola, Mandya.
3. Sri M.N. Rajanna, S/o Late Sri Channapatna Narasimhachar, Aged about 68 years, D/No.315, Gayathri Road, Mandya.
4. Sri M.N. Narasimhachar, S/o Late Sri B. Narasimhachar, Aged about 68 years, Kumar Wood Industries, R/o Old M.C. Road, Mandya.
5. Sri Venugopal, S/o Late Sri C. Narasimhachar @ Puttachar, Aged about 59 years, R/o No.2688, 3rd Cross, Gandhinagar, Mandya.
6. Sri Gopalchar @ Murthy, S/o Late Sri Narasimhachar, Aged about 72 years, R/o No.273, Old Town, Gayathri Road, Mandya.
7. Sri Venkataramanachar M.K., S/o Late Sri Krishnachar, Aged about 80 years, House 4060, R/o 5th Cross, Gandhinagar, Mandya.
8. Sri Bhadra Narasimhachar, S/o Late Sri Kalachar, Aged about 55 years, R/o Kempegowda Road, Mandya.
9. Sri Guruprasad, S/o Late Sri Krishnachar, Aged about 32 years, R/o No.313, Gayathri Road, Old Town, Mandya.
10. Sri Mohan, S/o Late Sri Dasachari, Aged about 50 years, R/o Eshwara Temple Road, Mandya.
11. Sri M.K. Narasimhachar, S/o Sri Krishnachar, Aged about 53 years, R/o No.1928, 5th Cross, Subhash Nagar, Mandya.
12. Sri Narasimhachar, S/o Late Sri Bhadrachar, Aged about 61 years, R/o No.522, Ganesha Temple Road, Ullala Upanagar, Bangalore – 560 056.
13. Sri Satish, S/o Late Sri Chikkannachari, Aged about 33 years, R/o Old M.C. Road, Mandya.
14. Sri Vijaya, S/o Late Sri Narasimhachar, Aged about 54 years, R/o Vidya Nagara, 3rd Cross, Mandya.
15. Sri M.N. Ramesh, S/o Late Sri M.K. Narasimhachar, & G/Son of Late Sri M.. Donnekrishnachar, Aged about 45 years, R/o Gayathri Road, Mandya.
16. Sri Rajesh, S/o Late Sri Gopalachari, Aged about 45 years, R/o Door No.320, 18th Stage, Railway Layout, Mysore.
17. Sri Prakash, S/o Late Sri Ramakrishnachar, Aged about 60 years, R/o 6th Cross, Gandhinagar, Mandya. … Petitioners (By Smt. Vaishali Hegde, Advocate) And:
1. The Deputy Commissioner, Mandya District, Mandya – 571 401.
2. The City Municipal Council, Mandya, Represented by its Commissioner, Mandya – 571 401.
3. The Tahsildar, Mandya Taluk, Mandya District, Mandya – 571 401.
4. Assistant Director of Land Records, Mandya Taluk, Mandya District, Mandya. …Respondents (By Sri. M.A. Subramani, HCGP for R1, R3 & R4; Sri H.C. Shivaramu, Advocate for R2) These Writ Petitions are filed under Article 226 of the Constitution of India, praying to direct the R1 and R2 to survey and demarcate the plots of land granted to the petitioners as per the grant order dated 8.2.1956 vide Annexure-A and consequently to enter the khata in respect o the said sites in favour of the petitioners by considering the representations dated 6.9.2012 vide Annexures-K to K3 and etc.
These Writ Petitions coming on for Preliminary Hearing in ‘B’ Group this day, the Court, made the following:
ORDER Petitioners submit that they were allottees of sites by way of a grant pursuant to the resolution of Mandya Town Municipal Council.
2. It is submitted that the grantees have paid the necessary amounts as they were called upon to, pursuant to the resolution of the Town Municipal Council. Petitioners further submit that the allotments have remained as paper allotments as there has been no physical demarcation of the sites in the land bearing Sy. Nos. 186 and 187 situated in Old M.C. Road, Mandya. Petitioners further submit that a sketch has been prepared as per Annexure-P by the Municipal Council. It is further submitted that the petitioners have been making representations for physical demarcation and copies of said representations are enclosed at Annexure- ‘K’ series.
3. Upon notice, learned counsel appearing for the State submits that petitioners have submitted application to demarcate the sites. It is further submitted that there has been preliminary measurement by the Surveyor which would reveal that an extent of 1.06 acres is available.
4. Learned counsel for petitioners submits that necessary action must be taken to demarcate the sites in terms of the allotments that have been made in the available land.
5. It is further submitted by the learned High Court Government Pleader by referring to the statement of objections that necessary action would be taken by the Assistant Director of Land Records and that a communication has been addressed to the Assistant Director of Land Records by the Tahsildar in that regard and refers to the communication at Annexure-R1.
6. The Assistant Director of Land Records, who is now arrayed as respondent No.4 is directed to complete the survey and demarcation of sites in terms of the resolution at Annexure-A. The said survey is to be concluded within a period of not later than eight weeks from the date of receipt of a certified copy of this order.
7. In light of prayer (b) not being open for consideration at this point of time, petitions are disposed off. Liberty is reserved to the petitioners to approach the 2nd respondent for effecting katha after conclusion of survey proceedings.
Accordingly, the petitions are disposed off subject to the above observations.
Sd/- JUDGE VP