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2025 DIGILAW 1447 (KAR)

State Of Karnataka v. S Chikkavenkatappa S/o. Late Seenappa

2025-11-27

C.M.POONACHA, VIBHU BAKHRU

body2025
JUDGMENT : (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The State has filed the present set of appeals impugning orders dated 04.03.2024 passed by the learned Single Judge, directing the appellants to consider the applications filed by the writ petitioners as well as all such other similarly placed persons and to verify the documents and thereafter, proceed to conduct phodi and durasth to enable the identification of lands, fixation of boundaries and assignment of new survey numbers in respect of lands falling into Survey No.34 of Kada Agrahara Village. 2. These appeals have been filed belatedly. However, the appellants have filed applications [I.As.1/2025 in all the appeals] seeking condonation of delay. For the reasons stated therein, the same are allowed. 3. The controversy essentially relates to the applications filed by various writ petitioners inter alia praying for the conduct of phodi and dursth in lands falling under Survey No.34 of Kada Agrahara Village to the extent of 228 acres and 17 guntas. 4. The appellants are not aggrieved by the operative directions issued by the learned Single Judge. The present appeals are confined to assailing the direction that the exercise be conducted within the period of four months from the date of receipt of the order. 5. The appellants state that pursuant to the orders passed by the learned Single Judge, which are impugned in the present appeals, a Committee was constituted to ascertain the genuinity of the original records relating to grants of land falling under the Survey No.34 as well as darakasth, phodi and durasth, which were carried out in the past. It is stated that the Committee and various survey officers visited the Tahsildar's office and had discussed the case and had issued direction for production of all original records, which included Darakasth Application form; Darakasth Application register; Revenue Inspector and Village Accountant report; official memorandum issued by competent authority; the challan for payment by the applicants; Saguvali chits issued by the competent authority; Saguvali chits issue register, amongst other documents. It is stated that since the land falling in survey number 34 is to the extent of 228 acres and 17 guntas, it would take a considerable time for the Committee to complete the exercise. 6. The learned AGA on instructions states that the Committee would be able to decide about Phodi and Durasthi work within a period of three months and submit its report. 6. The learned AGA on instructions states that the Committee would be able to decide about Phodi and Durasthi work within a period of three months and submit its report. He says that thereafter it would take six weeks to complete the Phodi and Durasth work in respect of the writ petitioners. 7. In view of the above, we consider it apposite to modify the impugned orders and dispose of the present appeals by directing that the entire excise be completed within the time frame as indicated by the appellants and as noted above. 8. Appeals are disposed of in the aforesaid terms.