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IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 18TH DAY OF JUNE 2013

BEFORE

THE HON’BLE MR.JUSTICE HULUVADI G. RAMESH

WRIT PETITION No.23243/2013 (KLR-RES)

BETWEEN:

B.V.Nagesh Kumar,
46 yrs, S/o late b.V.Veerappa
Heggade Village,
Hanbal Hobli,
Sakleshpur Taluk,
Hassan District. .. Petitioner

( By Sri M.E.Nagesh, Advocate )

AND:

1. The Tahsildar,
Sakleshpura Taluk,
Hassan District-573201.

2. The Revenue Inspector

Hanbal,
Sakleshpura Taluk,
Hassan District-573201.

3. The Taluk Surveyor,

Sakleshpura Taluk,
Hassan District-573201. .. Respondents

( By Smt.M.C.Nagashree, HCGP )
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This Writ Petition is filed under Articles 226 & 227 of the
Constitution of India praying to direct the respondents to
demark the boundaries of 5 acres of petitioner's land in Survey
No.292 of Heggade village, Hanbal Hobli, Sakleshpur Taluk,
Hassan District as per Annexure-B.

This Writ Petition coming on for preliminary hearing in `B'

group this day, the Court made the following :

ORDER

Heard the counsel representing the parties.

2. According to the learned counsel for the petitioner,

property in Survey No.292 of Heggade Village, Hanbal Post,

Sakleshpura Taluk, Hassan District, has been granted in

favour of his father and he has been in occupation to an

extent of 5 acres which was released in his favour. The

grievance of the petitioner is that the respondents-

authorities have not taken any action on the application

given by him with regard to demarcation of boundary of 5

acres and to conduct a survey in that regard.

3. As per the RTC extract of the year 2012-13

produced at Annexure-`A', the name of the petitioner and

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his father are mentioned in Column No.9 to an extent of 5

acres. It is said to be a gomal land. Petitioner made an

application as per Annexure-`B' to the Tahsildar,

Sakleshpura Taluk, to demark the boundary to the extent of

5 acres in the said survey number. Petitioner has also

sought for preparing pucca phode in the land in question.

4. The entries made in the RTC depicts that the land is

acquired by way of Darkast way back in the year 1982-83 in

favour of one H.S.Erappa i.e., to an extent of 2 acres and in

MR.No.30/2003-2004, release of the grant was made in

favour of the petitioner to an extent of 5 acres during the

year 2004.

5. It is for the Tahsildar concerned to verify the

original records as to the grant, if any made in favour of the

petitioner and his father to an extent of 5 acres. On such

verifying the genuineness of the grant made in favour of the

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petitioner, the Tahsildar to do the needful in accordance

with law. If the possession of the petitioner is continued in

pursuance to the genuine grant order, then, his application

may be disposed of within six months from the date of

receipt of copy of this order.

Writ Petition is disposed of accordingly.

SD/-
JUDGE

bk/