Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.36146 OF 2024 (KLR-RES) BETWEEN: KRISHNA S/O NAGAPPA AGED ABOUT 62 YEARS R/O KADAHEMMIGE VILLAGE KIKKERI HOBLI MANDYA DISTRICT - 571423 …PETITIONER (BY SRI.SYED AKBAR PASHA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT Digitally signed REPRESENTED BY PRINCIPAL SECRETARY by AL BHAGYA VIDHAN SOUDHA Location: HIGH COURT OF BENGALURU - 560 001 KARNATKA
2. THE ASSISTANT COMMISSIONER MANDYA DISTRICT - 571432
3. THE TAHSILDAR MANDYA DISTRICT - 571432 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) -2- THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
CONSTITUTION OF INDIA PRAYING TO DIRECTING THE 3RD RESPONDENT-TAHSILDAR TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER ON 13/3/2024 VIDE ANNEXURE-D TO CONDUCT PHODI AND DURUSTHI OF PETITIONERS LAND SURVEY NO.136/4 SITUATED AT KADAHEMMIGE VILLAGE, KIKKERI HOBLI, K.R.PETE TALUK, MANDYA DISTRICT WITHIN REASONABLE TIME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
This writ petition is filed seeking mandamus against respondent No.3 - Tahasildar to process the petitioner’s representation dated 13.03.2024 vide Annexure-D and conduct phodi and durasti insofar as petition land bearing Sy. No.136/4 measuring 1 acre situated at Kadahemmige Village, Kikkeri Hobli, K.R.Pete Taluk, Mandya District.
2. Heard learned counsel for the petitioner and learned AGA. -3-
3. The learned counsel for the petitioner has placed
strong reliance on the orders previously passed by this Hon’ble Court, wherein specific directions were issued to respondent No.3 - the Tahsildar, mandating the completion of the phodi work within a stipulated period of four weeks. It is pertinent to note that these directions were issued in respect of similarly situated individuals who are grantees of land in the very same survey number as the petitioner. The petitioner contends that, in light of these precedents, a similar relief ought to be granted in the present case as well, ensuring uniformity and adherence to the principles of equity and consistency in administrative actions.
4. Upon careful consideration of the submissions
advanced and having taken cognizance of the mandamus previously issued to respondent No.3 - the Tahsildar in respect of other similarly placed grantees within the same survey number, this Court finds that the present case stands on an identical footing. The doctrine of parity -4- necessitates that the petitioner should not be placed at a disadvantageous position when similarly circumstanced grantees have already been granted the same relief. In view of the settled legal position and to maintain consistency in the enforcement of rights, this Court deems it appropriate to issue a writ of mandamus directing respondent No.3 - the Tahsildar to undertake and complete the phodi work within a reasonable timeframe, ensuring that the petitioner receives equitable treatment in accordance with law.
5. In view of the above, this Court proceeds to pass the following;
ORDER
(i) The writ petition is allowed.
(ii) Respondent No.3 - Tahasildar is hereby directed to accomplish the phodi and durasti in respect of the petition land bearing Sy. No.136/4 measuring 1 acre situated at Kadahemmige Village, -5- Kikkeri Hobli, K.R.Pete Taluk, Mandya District.
(iii) This exercise shall be accomplished within a period of eight weeks from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 28