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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 19 TH DAY OF NOVEMBER, 2014
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION No.50178/2014 (KLR-RES)
BETWEEN:
Sri.Munivenkatappa, S/o.Venkataramanappa, Aged about 48 years, R/a.Kaggalipura Village, Uttarahalli Hobli, Bangalore South Taluk. ...PETITIONER
(By Smt.Neelamma.M.S., Adv.,)
AND:
1. State of Karnataka, Revenue Department, M.S.Building, Bangalore 560 001. Rep. by its Principal Secretary.
2. The Deputy Director of Land Records, Bangalore Urban District, K.G.Road, Bangalore -09.
3. The Tahsildar, Bangalore South Taluk, Bangalore District. …RESPONDENTS
(By Sri.T.L.Kiran Kumar, AGA for R1 to3)
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This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to call for the records from the file of the R3 in respect of the land in question and etc.
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This petition coming on for Preliminary Hearing this day, the Court made the following:
O R D E R
This writ petition is filed praying for a direction to
third respondent to make phodi and durast in respect of
the land bearing old Sy.No.46 and new Sy.No.46/P6
measuring 2 Acres of Kaggalipura village, Uttarahalli Hobli,
Bangalore South Taluk, by considering representation
dated 22.12.2012 (Annexure - A to the writ petition).
2. Brief facts of the case are that land bearing old
Sy.No.46 (new Sy.No.46/P6) measuring 2 acres, situated
at Kaggalipura Village, Uttarahalli Hobli, Bangalore South
Taluk was granted in favour of petitioner under order
No.LND(3)(S)CR.188/1984-85 dated 24.10.1984 and
khatha and revenue entries were transferred in the name
petitioner under M.R.No.4/1985-86. It is averred that
petitioner is the absolute owner and in lawful possession
and enjoyment of the land in question. To obtain phodi and
durast he made representation dated 22.12.2012 before
Respondent No.3-Tashildhar. It is further stated that
inspite of giving the aforesaid representation, respondent
No.3-Tahsildar has not taken any action to effect phodi
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and durasth. Being aggrieved by the inaction on the part of Respondent No.3-Tahsildar in not considering the representation dated 22.12.2012, petitioner has filed the above writ petition before this Hon’ble Court.
3. I have heard learned counsel for the petitioner and learned AGA for respondents and perused the material on record.
4. In the circumstances, respondent No.3 or the competent authority is directed to consider the representation of the petitioner dated 22/12/2012
(Annexure-A), for the purpose of conducting phodi and durast work, in respect of the land in question, in accordance with law. The said exercise shall be carried out in an expeditious manner, within a period of one year from the date of receipt of the certified copy of this order.
5. With the aforesaid observations and directions, writ petition stands disposed.
Sd/- JUDGE.
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