Karnataka High Court
Smt Munihanumakka vs Sri S B Munivenkatappa on 30 July, 2024
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NC: 2024:KHC:30033-DB
WA No. 237 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF JULY, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO. 237 OF 2024 (KLR-RR/SUR)
BETWEEN:
SMT. MUNIHANUMAKKA
W/O. LATE MUNIPAPAIAH
AGED ABOUT 94 YEARS
R/AT SONNAHALLIPURA VILLAGE
HASIGALA POST
SULIBELE HOBLI
HOSKOTE TALUK - 562 114
BENGALURU RURAL DISTRICT
...APPELLANT
Digitally
signed by (BY SRI H.R. ANANTHA KRISHNA MURTHY, ADVOCATE)
AMBIKA H B
Location: AND:
High Court
of Karnataka 1. SRI S.B. MUNIVENKATAPPA
S/O. LATE BHATHYAPPA
AGED ABOUT 77 YEARS
R/AT SONNAHALLIPURA VILLAGE
HASIGALA POST
SULIBELE HOBLI
HOSKOTE TALUK - 562 114
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NC: 2024:KHC:30033-DB
WA No. 237 of 2024
2. THE JOINT DIRECTOR OF LAND RECORDS
BENGALURU DISTRICT
K.R. CIRCLE
BENGALURU - 560 010
3. THE DEPUTY DIRECTOR OF LAND RECORDS
CHAPPARADAKALLU
DEVANAHALLI
BENGALURU RURAL DISTRICT - 562 110
4. ASSISTANT DIRECTOR OF LAND RECORDS
HOSKOTE TALUK
HOSKOTE - 562 114
BENGALURU RURAL DISTRICT
5. TAHSILDAR
HOSKOTE TALUK
HOSKOTE - 562 114
BENGALURU RURAL DISTRICT
...RESPONDENTS
(BY SRI SHARATH S. GOWDA, ADVOCATE FOR C/R1;
SMT. NILOUFER AKBAR, AGA FOR R2 TO R5)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER
PASSED BY HON'BLE SINGLE JUDGE IN W.P.NO.8869/2022
(KLR-RR/SGR) DATED 4.12.2023 IS DISPOSING OF THE WRIT
PETITION AND TO ALLOW THE APPEAL BY CONFIRMING THE
ORDER PASSED BY THE JOINT DIRECTOR OF LAND
RECORDS DATED 05.01.2022 UNDER ANNEXURE-A.
THIS APPEAL, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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NC: 2024:KHC:30033-DB
WA No. 237 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned advocate Mr. H.R. Anantha Krishna Murthy for
the appellant, learned advocate Mr. Sharath S. Gowda for
respondent No.1 and learned Additional Government Advocate
Smt. Niloufer Akbar for respondent Nos.2 to 5.
2. The challenge in this appeal is directed against the judgment
and order dated 04.12.2023 passed by learned Single Judge
disposing of the writ petition. What was prayed by the petitioner
was to set aside the order dated 05.01.2022 passed by the Joint
Director of Land Records as also the order dated 15.12.1971
passed by the Assistant Director of Land Records. Further prayed
was to direct the respondents-authorities to conduct Durast and
prepare sketch afresh in respect of the land bearing Survey No.39
of Sonnahallipura Village, Sulibele Hobli, Hoskote Taluk.
NC: 2024:KHC:30033-DB
3. The case of the petitioner was that Survey No.39 in question
was a gomal land and 10 guntas was granted to the petitioner. The
petitioner was in possession, it was claimed, to the extent of 20
guntas in Survey No.39/P21 in addition to the aforesaid 10 guntas.
It was stated that while carrying out the Phodi of the said land with
the petitioner, new Survey No.132 was assigned. The land
measurement overlapped with the land belonging to respondent
No.5 - Munihanumakka. It was case of the petitioner that he was
not heard while carving out new survey number and the total area
thereof.
4. In the circumstances, the only order passed by learned
Single Judge was that since the impugned orders were passed
without issuing notice to the petitioner who is directly affected, the
case came to be remitted to the Assistant Director of Land records
for re-doing the Durast and Phodi in respect of the land in question
to be done after issuing notice to all the concerned including the
petitioner.
5. The directions passed by learned Single Judge of remitting
the case and affording opportunity of hearing to the petitioner-
appellant along with other parties concerned while redoing the
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Durast and Phodi could be said to be eminently just, legal and
proper. No interference is called for.
6. The appeal is meritless and the same is dismissed.
7. The fresh exercise of undertaking Durast and Phodi as
directed by learned Single Judge and confirmed by this Court shall
be completed within five months from the date of receipt of copy of
this order.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K V ARAVIND)
JUDGE
CR
