MUNIRAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners are said to be owners of 5 acres of land, which is said to have been granted to their predecessor-in-title in Sy.No.1 of M.Satyawara Village, Sulibele Hobli, Hoskote Taluk, Bangalore Rural District. It is submitted that grant is of the year 1939-40. It is further submitted that Sy.No.1 of M.Satyawara Village consists of around 52 acres 37 guntas of land. It is also submitted that though the grant was made in the year 1939-40, phodi and durasti of the said land has not been conducted so far and no sub-survey number has been assigned to the said land. It is further submitted that the State has proposed utilization of certain lands in Sy.No.1 of M.Satyawara village for Ashraya Scheme and in the process, authorities are trying to illegally evict the petitioners from their land. For the said reason, the writ petition is filed with the following prayers:

(2.) Learned AGA appearing for the respondents upon instructions, submits that Sy.No.1 is a vast extent of land and apart from the land granted to various private persons, it also consists of Sarkari Gomal land and only the Government land has been sought to be utilized for Ashraya Scheme and other public purposes and not the land granted in favour of private individuals. He further submits that the State has no objections to conduct phodi and durasti of the lands as requested by the petitioners after verifying whether the grant made as claimed by the petitioners is genuine or not. For the said reason, he prays that the writ petition be dismissed.

(3.) The present problem has arisen because phodi, durasti and hudbast of the lands are not being done immediately after grant is made by the State Government and also because phodi, durasti and hudbast is not done immediately after alienation of a portion of survey number by any of the individual who is the owner of the same.