Karnataka High Court
Sri. Karunodaya vs The State Of Karnataka on 30 November, 2021
Bench: Alok Aradhe, Anant Ramanath Hegde
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF NOVEMBER, 2021
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT APPEAL NO.3848/2019 (KLR-RR/SUR)
BETWEEN:
SRI. KARUNODAYA
S/O MUNISHAMAPPA
AGED 54 YEARS
R/O THIRUMALASHETTIHALLY VILLAGE
ANUGONDANAHALLI HOBLI
HOSAKOTE TALUK - 562 114
BENGALURU RURAL DISTRICT
...APPELLANT
(BY SRI: KESHAVA BHAT A, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO GOVERNMENT
REVENUE DEPT, M.S. BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001
2. THE DEPUTY DIRECTOR OF LAND RECORDS
BANGALORE RURAL DISTRICT
4TH FLOOR, V.V. MINI TOWER
BANGALORE - 560 001.
3. THE ASSISTANT DIRECTOR OF LAND RECORDS
HOSAKOTE TALUK OFFICE
HOSAKOTE - 572 114
BENGALURU RURAL DISTRICT
4. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
2
OFF: 1ST FLOOR, TALUK OFFICE BUILDING
DODDABALLAPURA
BENGALURU RURAL DISTRICT - 561 203
5. THE TAHSILDAR
HOSAKOTE TALUK - 572 114
HOSAKOTE, BENGALURU RURAL DIST.
... RESPONDENTS
(BY SRI: VIJAY KUMAR A PATIL, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
DATED 08.07.2019 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION NO.35129/2017 (KLR RR/SUR).
THIS WRIT APPEAL COMING ON FOR FINAL HEARING THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
Mr.A Keshava Bhat, learned counsel for the appellant.
Mr.Vijay Kumar A Patil, learned Additional Government Advocate for
the respondents.
2. This intra-court appeal is filed against the order dated
08.07.2019 passed by the learned Single Judge in which the writ
petition preferred by the appellant has been disposed of.
3. We have heard the learned counsel for the parties at
length.
4. The prayer (i) made in the writ petition reads as under:
(i) issue writ of mandamus directing the
respondent No.5, Tahsildar, Hosakote Taluk,
Hosakote, to effect the phodi work in respect of
land bearing Sy.No.5/P13, measuring 2.00 acres
situated at Thirumalashettihalli village,
Anugondanahalli Hobli, Hosakote Taluk, as per the
application dated 29.09.2016 filed by the
petitioner vide Annexure-G."
5. Learned counsel for the appellant submitted that the
appellant had sought for writ of mandamus directing the Tahsildar,
Hosakote Taluk, Hosakote to effect the phodi work in respect of
land bearing Sy.No.5/P13 measuring 2.00 acres situated at
Thirumalashettihalli village, Anugondanahalli Hobli, Hosakote Taluk
as per the application submitted by the petitioner dated
29.09.2016.
6. Learned Additional Government Advocate fairly
submitted that respondent No.5 shall take action on the application
submitted by the petitioner in accordance with law.
7. In view of the aforesaid submission and in view of the
facts of the case, it is directed that respondent No.5 - the Tahsildar,
Hosakote Taluk, Hosakote shall take action on the application dated
29.09.2016 vide Annexure-G submitted by the appellant in
accordance with law as expeditiously preferably within a period of
six months from the date of receipt of the copy of this order. It is
made clear that this court has not expressed any opinion with
regard to the claim of title of the appellant.
In view of the above, the order passed by the learned Single
Judge is modified.
In the result, the appeal is disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
*bgn/-
