S. V. ASHWATHAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) On the previous date of hearing, the following order was passed.

(2.) Today, the learned High Court Government Pleader has furnished a copy of the Government Order bearing No.CumE 156, SSM 2024, Bengaluru dtd. 25/11/2024 issued by the State Government, which would be applicable in all cases where phodi and durasth is sought, in respect of a granted land. Learned High Court Government Pleader submits that the Tahsildar while issuing the impugned endorsement should have stated the Government Order while proceeding to place the application of the petitioners before the committee for building up missing records. To that extent, learned High Court Government Pleader submits that the Tahsildar could not have issued such an endorsement. Nevertheless, learned High Court Government Pleader submits that this is the procedure to be followed in all cases where phodi and durasth is sought in respect of granted lands.

(3.) Learned Senior Counsel Sri R.S.Ravi however submits while pointing out to Annexure-B, Index of land that the original survey No.126 has been subsequently phoded and sub numbers have been assigned to all the grantees. Moreover, here is a case where the first purchaser Munishamappa S/o Muniyappa had purchased the property in question in an auction conducted by the Chairman of the Varthur Grama Panchayath, as is evident from the recitals in the sale deed dtd. 9/12/1942 at Annexure-A. Learned Senior Counsel would therefore submit that this is not a case of darkasth as sought to be contented by the respondents.