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.32936-32938 OF 2018 (KLR-RES) BETWEEN:
SHRI SYED PEER SAAB S/O SHRI SYED KARIM SAB AGED ABOUT 60 YEARS R/O CHIKKABETTAHALLI VILLAGE YESHWANTHPURA POST BENGALURU-560 097. ...PETITIONER (BY SRI.HARISH T.S., FOR SRI.SHANMUKAPPA, ADVOCATES) AND:
1. THE COMMISSIONER FOR SURVEY SETTLEMENT & LAND RECORDS K.R.CIRCLE, BENGALURU-560 001.
2. THE JOINT DIRECTOR OF LAND RECORDS K.R.CIRCLE, BENGALURU-560 001.
3. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BENGALURU-560 002.
4. THE ASST. COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA-560 098.
5. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER BENGALUR RURAL DIST-560 002.
6. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI BENGALURU-560 019. ...RESPONDENTS (BY SRI.VENKATESH DODDERI, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS VIDE ANNEXURES-D AND E DTD:09.01.2017 AND 11.06.2018 TO MEASURE AND FIX THE BOUNDARIES IN RESPECT OF THE SCHEDULE LAND.
THESE WRIT PETITIONS ARE COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present Writ Petitions are filed by the petitioner seeking direction to the respondents to consider his representations dated 09.01.2017 and 11.06.2018 to measure the land and fix boundaries of the petition schedule land.
2. However, the memo which is filed by the learned AGA would indicate that when the surveyor went to the spot to conduct survey, the petitioner herein who was personally present at the spot, is said to have stated that the representations filed by him may be disposed of with liberty to him to file fresh application at a later date to seek phodi. The mahazar, which was drawn at that time, which is undated is signed by the petitioner herein.
3. In that view of the matter, question of issuing direction to the respondents to consider representations of the petitioner does not arise.
4. Accordingly, Writ Petitions are disposed of as having become infructuous. However, the same will not take away the right of the petitioner to make appropriate application afresh seeking for conducting phodi and to measure the land and fix boundaries of the petition schedule land belonging to him.
Learned AGA is permitted to file Memo of Appearance within two weeks.
Prs* Sd/- JUDGE