IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.33896/2016 (KLR RR/SUR) BETWEEN SRI. P S RANGANATHAN S/O LATE SRI. SARANGAPANI MUDALIAR, AGED ABOUT 80 YEARS, R/AT C-703, AISHWARYA EXCELLENCY APARTMENTS, VIJINAPURA, OPPOSITE TIN FACTORY, OLD MADRAS ROAD, BANGALORE-560016. ... PETITIONER (BY SRI. S SUBRAMANYA, ADV.) AND 1. GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA VEEDHI, BANGALORE-560001, REPD. BY ITS SECRETARY.
2. THE DEPUTY COMMISSIONER, OFFICE OF THE DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE-560001.
3. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER BANGALORE EAST, BANGALORE-560001.
4. THE TAHASILDHAR BANGALORE EAST TALUK, K.R. PURAM, BANGALORE-560016. ... RESPONDENTS (BY SRI. KIRAN KUMAR T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT PHODING OF THE LAND BEARING SY.NO.52/2 [EARLIER 52/6] OF HUSKUR VILLAGE, BIDARAHALLI HOBLI, BANGALORE EAST TALUK, AS PER THE ORDER OF THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE IN ACCORDANCE WITH LAW AS PER THE ORDER DTD.5.5.2016 AT ANNEX-M.
THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking direction to the respondents for conducting phoding of land bearing Sy.No.52/2 (earlier 52/6) of Huskur Village, Bidarahalli Hobli, Bangalore East Taluk vide order of Deputy Commissioner, Bangalore Urban District dated 05.05.2016 within the time frame to be fixed in this proceeding.
2. Admittedly, the petitioner herein is claiming title to the property in question under registered sale deed dated 13.03.1970 said to have been executed by the erstwhile owner – P.S.Devadas, who claim title under another sale deed. In this proceedings, learned Government Advocate is trying to produce certain documents to show that it is a tank which could not have been regranted in favour of anybody under Inams Abolition Act and to the subsequent purchaser. However, the correctness or otherwise, with reference to original record will have to be seen by the competent authority while initiating proceedings under the Act for conducting of phoding.
3. With such observations, this matter is disposed of fixing a time frame of 12 months from this date to dispose of the application for phoding subject to the verification of records, earlier proceedings and orders passed therein.
Sd/- JUDGE CT-HR BRN