STATE OF KARNATAKA Vs. H.R. SHANTHA

JUDGEMENT

(1.) This intra court appeal is filed by the State and its authorities challenging the order dtd. 10/12/2020 passed by the learned Single Judge of this Court in W.P.No.39823/2018.

(2.) Heard the learned Additional Government Advocate on behalf of the appellants, learned Senior Counsel Sri H.N.Shashidara on behalf of respondents and also perused the material available on record.

(3.) Respondents herein had filed W.P.No.39823/2018 with a prayer to direct the appellants/respondents in the writ petition to complete survey and phodi of land bearing survey No.108 of Bidareraja Kaval Village, Chelur Hobli, Gubbi Taluk, Tumkur District, asserting that they are in possession of total 7 acres 10 guntas in survey No.108. It is their case that respondent No.1 herein is in possession of 2 acres, respondent No.2 is in possession of 2 acres 21 guntas and respondent No.3 is in possession of 2 acres in survey No.108. In support of their case, they had relied upon the various correspondences issued by the appellant authorities. Since there were two durasthi proceedings available on record, a joint inspection report was filed before the learned Single Judge and respondents herein had disputed the same on the ground that the said joint inspection report was held without notice to them. The learned Single Judge, therefore, relied upon the various communications available on record for the purpose of arriving at the conclusion that the respondents herein are in possession of 7 acres 10 guntas in survey No.108 and accordingly, disposed of the writ petition directing the jurisdictional Assistant Director of Land Records to correct the Akarbhand for the land in survey No.108 of Bidareraja Kaval Village, Chelur Hobli, Gubbi Taluk and hold proper survey/durasti proceedings after notice to all the stakeholders. The jurisdictional Assistant Director of Land Records was directed to take necessary measures in this regard within an outer limit of five months from the date of receipt of receipt of certified copy of the order. Being aggrieved by the said order, the State and its authorities have filed this appeal.