SRI.VENKATASWAMY M N v. STATE OF KARNATAKA
Case at a glance
- Bench
- SACHIN SHANKAR MAGADUM
- Neutral citation
- 2025:KHC:5169
Outcome
Allowed
(i) The writ petition is allowed
Provisions considered
- Constitution of India art. 226
Key paragraphs
- Para 44. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.3 – Tahasildar is hereby directed forthwith - 4 - NC: 2025:KHC:5169 WP No. 27803 of 2024 secure original records from the Office and…
Judgment
SRI.VENKATASWAMY M N S/O NARAYANAPPA AGED ABOUT 79 YEARS R/AT: MEESAGANAHALLI VILLAGE KASABA HOBLI SRINIVASAPURA TALUK KOLAR DISTRICT- 563 135 (BY SRI.RAVISHA M G, ADVOCATE) AND:
STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA AMBEDKAR BEEDI BENGALURU-560 001
THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563 101
THE THASILDAR SRINIVASPURA TALUK KOLAR DISTRICT - 563 135 (BY SMT.B.P.RADHA, AGA) Location: HIGH COURT OF KARNATKA …PETITIONER …RESPONDENTS - 2 - NC: 2025:KHC:5169 WP No. 27803 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO R-3 AUTHORITIES TO CONSIDER THE REPRESENTATION DATED 13/06/2024 i.e., ANNEXURE-G AND REPRESENTATION DATED 02/08/2024 i.e., ANNEXURE-H, FOR MAKING HADBAST/PODI SURVEY AND DEMARCATION OF BOUNDARIES OF THE SCHEDULE PROPERTY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition is filed seeking direction against respondent Nos.1 to 3 to consider the petitioner’s representation dated 13.06.2024 as per Annexure-G and second representation dated 02.08.2024 as per Annexure-H, wherein a request is made to conduct Hadbast/Phodi in respect of the petition land. This writ petition is filed alleging inaction on the part of the respondents in not acting on the representation submitted by the petitioner vide Annexure-G and H. - 3 - NC: 2025:KHC:5169 WP No. 27803 of 2024
2. Learned AGA, however, on instructions, submits that the Authorities willing to effect phodi. However, she would point out that the genuineness of the grant will be looked into before proceeding to conduct phodi proceedings.
3. Taking note of the submission made by the learned AGA, this Court is of the view that the petitioner is seeking phodi and durasti based on the grant order followed by the Saguvali Chit. The copy of the Grant Certificate evidenced at Annexure-A. Respondent No.3 - Tahasildar shall secure original records pertaining to the petition land and after verifying the grant and saguvali chit shall consider petitioner’s representation seeking phodi.
Operative part
For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondent No.3 – Tahasildar is hereby directed forthwith - 4 - NC: 2025:KHC:5169 WP No. 27803 of 2024 secure original records from the Office and after examining the genuineness of the grant followed by Saguvali Chit, shall accomplish the request made under two representations. (iii) This exercise accomplished within a period of four months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: (i) The writ petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.