IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 9TH DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE S. G. PANDIT WRIT APPEAL NO.7018 OF 2017 (KLR-RES) BETWEEN:
THE TAHASILDAR DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT.
(BY SRI S.S. MAHENDRA, AGA) AND:
SRI S.C. BURMAN SON OF LATE M.C. BURMAN, AGED ABOUT 74 YEARS, RESIDING AT NO.1162, 12TH ‘A’ MAIN, HAL 2ND STAGE, INDIRANAGAR, BENGALURU-560 008.
(BY SRI R. HEMANTHRAJ, ADVOCATE) ... APPELLANT ... RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET-ASIDE THE ORDER DATED 13.09.2012 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN WRIT PETITION NO.35084 OF 2012; AND ALSO SET-ASIDE THE ORDER DATED 17.03.2017 PASSED BY THIS HON'BLE COURT IN REVIEW PETITION NO.1143 OF 2014.
***** THIS WRIT APPEAL COMING ON FOR ADMISSION THIS DAY, RAVI MALIMATH J., DELIVERED THE FOLLOWING:
JUDGMENT The respondent filed the instant writ petition for a direction to the appellant / respondent therein to complete phodi and durasti in respect to the land of the petitioner. By the impugned order dated 13.09.2012 passed the learned Single Judge in W.P.No.35084 of 2012, the writ petition was allowed and the Tahsildar was directed to carry out and complete the phodi and durasti work, within a period of two months from the date of receipt of copy of the order. Aggrieved by the impugned order, the present appeal was filed.
2. The learned Government Advocate appearing for the appellant submits that there is no difficulty in carrying out the phodi and durasti work, provided it is in accordance with law. However, in the instant case the title of the land in question is doubtful. Therefore, in the absence of a valid title, neither phodi nor durasti work can be carried out.
3. On hearing learned counsels, we are of the view that it is not for this Court to record a finding with regard to the lawful owner of the land in question. It is for the concerned Civil Court to decide on the said issue. Further, the order of the learned Single Judge to carry out and complete the phodi and durasti work is with reference to the lands which are lawfully owned and in possession of the respective title owners of the property. Only if the said title is in accordance with law, the order of the learned Single Judge can be complied with and not otherwise.
The appeal is disposed off with the aforesaid observations.
Sd/- Sd/-
JUDGE JUDGE JJ/- CT:SM