B.P. HARISHKUMAR, S/O LATE B.P. PAPANNA REDDY Vs. STATE OF KARNATAKA, REP. BY REVENUE SECRETARY, MULTISTCRIED BUILDING, VIDHANA VEEDHI, BANGALORE, THE TAHSILDAR, BANGALORE SOUTH TALUK, MAHAVEER COMPLEX, K.G. ROAD, BANGALORE 560009, THE TAHSILDAR

JUDGEMENT

(1.) THE petitioner has sought to quash the resolution dated 18.02.2010 at Annexure -'O' and to issue a writ of mandamus to conduct survey of the Schedule Property in terms of the applications dated 03.12.2010 and 18.01.2011 and pass such other orders.

(2.) ACCORDING to the respondents, in pursuance to the order pawed by this Court in the writ petition filed by way of PIL in W.P.No.817/2008 end others, stops are being taken to conduct survey. According to the respondent -authority, the encroachment by the petitioner is to an extent of 8% guntas of land in Sy. No.36 of Ibbalur Village.

(3.) UNDER these circumstances, it is for the petitioner to produce the tine deeds and also revenue records. Taking into consideration, the area available to the petitioner as per the title deeds and the area which has been acquired by the BDA or whether any land is in excess to the extent as found in title deeds, whether the petitioner hat got a claim over the same could be decided only after a survey is conducted by the respondent -authority. However, in this regard, due notice is required to be given to the petitioner to participate in the conduct of survey of land in question as also with regard to alleged encroachment and to take back the excess land, If available.