S.V. VENKATAIAH S/O LATE VENKATAIAH, KRISHNAPPA S/O LATE VENKATAIAH, S.V. CHIKKATHIMMAIAH S/O LATE VENKATAIAH AND S.V. GOVINDARAJU S/O LATE VENKATAIAH Vs. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE AND OTHERS

JUDGEMENT

(1.) THE petitioner is seeking a writ of mandamus to direct the respondents to incorporate the survey numbers and fix the boundary marks by means of stone in respect of the lands in Sy. Nos. 255 and 257 of Kodavatti village, Kunigal Taluk, Tumkur District

(2.) THE case of the petitioner is that the extent of land as indicated in the petition has been granted to the petitioner and the petitioner is in possession and enjoyment of the same. However, the boundaries in respect of the said property has not been fixed as per the claim as made in the petition despite the request made by the petitioners. In this regard, the petitioners have placed reliance on the Annexures which have been produced along with the Writ Petition. The document at Annexure G would indicate that the petitioner had made a detailed representation indicating his right in respect of the properties situate in Sy. Nos. 255 and 257. The said representation was addressed to the third and fourth respondents. The petitioner has also placed reliance on the sketch to indicate the nature of right. The grievance however is that neither the respondents have responded to the said representation nor have they carried out the request as made by the petition. The learned Counsel for the petitioner placing reliance on the said documents would contend that since the respondents have failed to act in accordance with law, the petitioner has been forced to approach this Court seeking for the prayer made in the petition.

(3.) INSOFAR as the extent of the land based on the records available and the physical availability of the land is a matter to be considered by the authorities viz., the second and third respondent while carrying out the fixation of boundaries. Therefore, in so far as the rival contentions with regard to the extent of the land, the same need not be adverted to since the only relief sought in the Writ Petition is to direct the respondents to incorporate the survey numbers in accordance with law and to fix the boundary marks on the land in Sy. Nos. 255 and 257 to which the petitioner is laying claim.