PATALAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioner has sought for issuance of writ in the nature of mandamus to direct respondents 5 to 7 to conduct survey in respect of Sy. No. 23 measuring 622.24 acres out of which an extent of 296 acres 2 guntas has to be demarcated as granted land. Petitioner has also sought for issuance of writ in the nature of mandamus to respondents 1 to 5 not to hand over an extent of 207 acres in Sy. No. 23 to the defence authority without conducting survey and phodi of the land. Petitioner has further sought for a direction not to allot any further land in Sy. No. 23 referred to above without demarcating the lands allotted to the petitioner.

(2.) Learned counsel for petitioner submits that petitioner's mother-in-law / Smt. Chowdamma along with other grantees, was granted an extent of 4 acres in the land beaing Sy. No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru District, on 29/11/1952. It is further submitted that after such grant, saguvali chit was issued as per Annexure-D and subsequent to the death of Smt. Chowdamma, mutation has been changed in the name of petitioner, but however, there is no phodi proceedings conducted.

(3.) The Tahsildar was present on 10/10/2023 and upon his instructions, learned Additional Government Advocate has filed a memo which reads as hereunder: