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IN THE HIGH COURT OF AT BANGALORE

DATED THIS THE 12 TH DAY OF JUNE, 2012

BEFORE:

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

W.P.NOs.2705-2721/2012(KLR-RR/SUR)

BETWEEN:

1 T M CHANNABASAVANNA S/O LATE P MALLAPPA, AGED ABOUT 70 YEARS R/O THAYOORU NANJANGUD TALUK DISTRICT

2 D MAHADEVANAIAKA S/O LATE DEVANAIKA @ THAMMAIAH AGED ABOUT 70 YEARS R/O # 1375/A, BEHIND OLD BHAVAN POLICE STATION, NAYANA NAKSHATRIYA BEEDI NANJANGUD 571301

3 KRISHNANAIKA S/O LATE DEVANAIKA @ THAMMAIAH AGED ABOUT 43 YEARS R/O # 1375/A, BEHIND OLD BHAVAN POLICE STATION, NAYANA NAKSHATRIYA BEEDI NANJANGUD 571301 MYSORE DISTRICT 2

4 JAWAN MAL PITLIYA S/O JAGAROOP AGED ABOUT 82 YEARS R/O 112, 5TH CROSS MANASARA ROAD ITTIGEGUD, BEHIND SRT GARAGE MYSORE-570010

5 R NAGALAKSHMI W/O RAMARAJU AGED ABOUT 50 YEARS R/O 4TH CROSS ASHOKAPURAM NANJANGUD TOWN

6 P DEVARAJU S/O LATE POTHARAJE GOWDA, AGED ABOUT 52 YEARS, R/O HOUSE NO.230 NEETI MARGA, SIDDHARTHA LAYOUT MYSORE

7 SRI N NAGANNA S/O LATE NANJAPPA, AGED ABOUT 57 YEARS R/O # 51, BASAVANAGUDI BLOCK MUDA LAYOUT NANJANGUD

8 M CHANNAMALLIKARJUNA S/O LATE B S MALLANNA, AGED ABOUT 62 YRS R/O NO.28, 11TH BLOCK JSS LAYOUT MYSORE--11 3

9 N P NAGARAJU S/O LATE PUTTASWAMY, AGED ABOUT 76 YRS R/O DOOR NO.1593 GOWRI GHATTADA BEEDI NANJANGUD TOWN

10 N S MAHADEVASWAMY S/O LATE N S SIDDAPPA, AGED ABOUT 49 YRS R/O RAMAMANDIRA ROAD CHAMALAPURA BEEDI NANJANGUD TOWN

11 N M RAMU S/O LATE N S MAHADEVAPPA, AGED ABOUT 59 YRS, R/O DOOR NO.2188, RAMAMANDIRA ROAD, CHAMALAPURA BEEDI NANJANGUD TOWN

12 SHIVANNA NAIKA S/O LATE DEVANAIKA @ THAMMAIAH AGED ABOUT 61 YEARS R/O # 1375/A, BEHIND OLD BHAVAN POLICE STATION, NAYANA NAKSHATRIYA BEEDI NANJANGUD 571301 MYSORE DISTRICT

13 CHIKKATHAYAMMA W/O LATE NANJAPPA, AGED ABOUT 70 YRS R/O DOOR NO.1213 KAAYA ANGADI BEEDI NANJANGUD 4

14 LATE NERALE MADANAYAKA SINCE DEAD BY LRS

(a) SRIKANTAIAH S/O LATE LAKSHMAMMA, D/O LATE NERALE MADANAYAKA AGED ABOUT 47 YEARS R/O BEHIND TELEPHONE EXCHANGE CHAMALAPURA BEEDI NANJANGUD TOWN

(b) NANJUNDANAIKA S/O LATE NERALE MADANAYAKA AGED ABOUT 67 YEARS R/O BEHIND TELEPHONE EXCHANGE CHAMALAPURA BEEDI NANJANGUD TOWN

(c) RANGANAYAKA S/O LATE NERALE MADANAYAKA AGED ABOUT 74 YEARS R/O APR KALYANA MANTAPA ROAD HONGASANDRA BANGALORE-68

15 N S SIDDAPPA S/O LATE N S SIDDAPPA AGED ABOUT 58 YEARS R/O RAMAMANDIRA ROAD CHAMALAPURA BEEDI NANJANGUD TOWN

16 GEETHA RAMESH W/O V RAMESH AGED ABOUT 45 YEARS R/O HOUSE NO.2834, 8TH CROSS R P ROAD NANJANGUD 5

17 HAMSAVENI C V W/O V RANGASWAMY AGED ABOUT 45 YEARS R/O HOUSE NO.3205 9TH CROSS EXTENSION “VENKATESHA NILAYA” NANJANGUD ...PETITIONERS

(BY SMT.DIVYA, ADVOCATE FOR M/S SIVAN & SIVA ASSOCIATES, ADVOCATES)

AND:

1 THE STATE OF KARNATAKA DEPARTMENT OF REVENUE BANGALORE – 560 001 REPRESENTED BY ITS SECRETARY

2 THE DEPUTY COMMISSIONER NANJANGUD TALUK MYSORE DISTRICT

3 TAHSILDAR NANJANGUD TALUK MYSORE DISTRICT

4 ASSISTANT COMMISSIONER NANJANGUD TALUK MYSORE DISTRICT ...RESPONDENTS

( BY SRI.R.B.SATHYANARAYANA SINGH, HCGP)

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO DIRECT THE RESPONDENT NOS.3 AND 4 TO ORDER FOR SURVEY, FIX THE BOUNDARIES, NECESSARY PHODI AND 6

DURASTI AND ASSIGN THE NECESSARY SUB-NUMBERS FOR THE LANDS WHICH ARE IN THE OCCUPATION OF THE PETITIONERS. DIRECT THE R-3 AND R-4 TO ORDER THE RECTIFICATION OF ENTRIES IN THE RECORD OF RIGHTS IN RESPECT OF THE LANDS IN POSSESSION AND ENJOYMENT OF EACH OF THE PETITIONERS.

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Petitioners 1 to 3 claim to be in possession and enjoyment of different portions of land in Sy.No.2,

Chamalapura Village, Nanjangud Taluk for past 25 years. On their applications filed in Form No.7 before jurisdictional

Land Tribunal an order came to be passed on 27.03.79 by

Land Tribunal, Nanjangud, granting occupancy rights in favour of petitioners 1 to 3. Petitioners 4 and 5 claim to have purchased the property under sale deeds dated 21.04.2007,

29.01.2010 from legal heirs of one Sri.Linganaika who was one of the tenants who was granted the land by jurisdictional

Land Tribunal. Petitioner No.6 claims to have purchased the property under two sale deeds dated 19.01.2005 and 7

16.03.2005 from Sri.N.S.Mahadevaswamy and

Smt.Puttarachamma, D/o late Puttamma who was granted occupancy rights as per the order of Tribunal. Petitioners 7 to 15 claim to be the purchasers of land in Sy.No.2 of different portions by virtue of sale deeds executed by the

Secretary of Palace Trust which sale deeds are produced at

Annexures-D-1 to D-9. Petitioner No.16 claims to have acquired title to the property in the same survey number under two sale deeds dated 13.12.2006 and 13.07.2007 executed by petitioner No.7 and one Sri.Biligiri Shetty, copies of said sale deeds are at Annexures-E-1 & E-2 likewise petitioner No.17 claims to have purchased the property in question Sy.No.2 (portion) under a registered sale deed dated

13.12.2006 also executed by petitioner No.7 as per Annexure-

F.

2. On acquiring title to the lands in question petitioners submitted applications to the revenue authorities to enter their names in the record of rights and sought for 8

mutating the revenue records and issuance of khatha in their favour as per the orders of Land Tribunal and entries found in the registered documents. Accepting their claims the entries have been carried out by revenue authorities by entering the names of petitioners in the revenue records as per RTC extract produced at Annexures-G-1 to G-17. Since land in question were not demarcated and bifurcated by conducting survey and phodi durasti work, petitioners have submitted applications/representations on 14.12.2011 as per

Annexures-H-1 to H-4 seeking phodi durasti. On account of non consideration of these representations petitioners have approached this court and are seeking directions to the respondents to survey the lands in question and to fix the boundaries, by carrying out phodi durasti work and they are also requesting for assigning necessary sub numbers to the lands in their occupation and for appropriate rectification of entries in the revenue records as per possession and enjoyment of each of petitioners. 9

3. Learned Government Pleader who has accepted notice on behalf of respondents would submit that representations H-1 to H-4 if they are not yet considered same would be considered in accordance with the provisions of Land Revenue Act and Rules made thereunder if sufficient time is granted. Records produced by petitioners along with writ petition would clearly go to show that lands have been granted by way of occupancy rights in favour of petitioners 1 to 3 and petitioners 4 to 17 claims to have purchased either from the original tenants or from the palace authorities to whom the lands belonged. Revenue records namely RTC for the period 2011-12 Annexures-G1 to G17 also reflect that necessary mutation entry has been carried out in the names of petitioners way back in the year 2005, 2006 and 2007 itself. In that view of the matter, there is no impediment for the respondent authorities to consider the representations submitted by petitioners as per H-1 to H-4, if not already considered. Infact to carry out necessary phodi durasti work necessary notices are required to be issued to the “Bajudars” 10

(neighbours) after collecting necessary fees from the petitioners. Representations at Annexures-H-1 to H-4 does not reflect as to whether necessary fee has been paid by them for carrying out phodi durasti work. In that view of the matter I am of the considered view that ends of justice would be met if respondent authorities are directed to consider the representations of petitioners as per Annexures-H-1 to H-4 and pass orders within outer limit of three months from the date of receipt of certified copy of the order. In the result, following order is passed:

ORDER

1. Writ petitions are hereby allowed in part.

2. Third Respondent is hereby directed to consider the

representations of petitioners as per Annexures-H-1 to H-4

dated 14.12.2012 in accordance with law and on merits

and pass suitable orders or take steps within an outer

limit of three months from the date of receipt of certified

copy of this order. 11

3. Petitioners are also at liberty to remit the necessary fees as

contemplated under Karnataka Land Revenue Rules.

Ordered accordingly.

Sd/- JUDGE

SBN