T. K. SUBRAMANYA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for all the respondents.

(2.) Learned Counsel for the petitioner submits that earlier the petitioner was before this Court in W.P.No.52113/2019, seeking a direction to the respondent-Tahsildar, Yalahanka Taluk and the Assistant Director of Land Records, Yalahanka Taluk (hereinafter referred to as 'the ADLR' for short) to consider the representation given by the petitioner for conducting phodi and durasth work in respect of Sy.No.13/P6, measuring 1 acre and 14 guntas of land in Tharabanahalli village, Jala Hobli, Yalahanka Hobli, Bangalore North Taluk. This Court by order dtd. 20/2/2020, noticed that an appeal was filed before the Assistant Commissioner, at the hands of the Tahsildar calling in question the grant said to have been made in favour of the petitioner, since according to the Tahsildar, the grant was made in violation of the provisions contained in Sec. 94-A, more particularly, the land was within the prohibited distance from the boundary of the BBMP and therefore land could not have been granted. This Court directed that the ADLR shall await the orders that could be passed by the Assistant Commissioner. If the Assistant Commissioner passes an order in favour of the petitioner, rejecting the appeal filed by the Tahsildar, then the ADLR was required to proceed to conduct phodi and durasth work.

(3.) Learned Counsel submits that the Assistant Commissioner passed an order on 24/5/2022 dismissing the appeal filed by the Tahsildar. Thereafter, the petitioner approached the ADLR and sought for phodi and durasth to be conducted in terms of the directions issued by this Court. However, at the instance of the ADLR, the Technical Assistant to the Deputy Commissioner and Ex- officio Deputy Director of Land Records made a communication dtd. 8/7/2022 at Annexure-A to the Assistant Commissioner, Bangalore North Sub-Division, requesting him to forward all the records that were lying with the Assistant Commissioner during the proceedings initiated under Rule 108K to enable the ADLR to pass necessary orders regarding phodi and durasth.