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Judgment
B.V. Nagarathna, J.—Petitioner has sought a writ in the nature of mandamus to directing respondent No. 1 to forward the relevant papers to Deputy Commissioner, Bengaluru Rural District, in order to get prior permission regarding single person phodi, durasthi of the land measuring 06 acres 20 guntas in Sy. No. 37 situated at Thindlu Village, Jadigenahalli Hobli, Hosakote Taluk.
Petitioner submits that he is an agriculturist and his grandfather late Venkataswami Gowda, had purchased agricultural land bearing Sy. No. 37, situated at Thindlu Village, Jadigenahalli, Hobli, Hosakote Taluk, in a public auction in the year 1937. After the demise of said Venkataswami Gowda his son V. Basappa inherited the aforesaid land.
He further submits that on 01.07.2004, V. Basappa, his predeceased son Shivamurthy, wife Smt. Manjula and petitioner herein partitioned their ancestral property. As per the partition 06 Acre, 20 Guntas of land in Sy. No 37 fell to the share of petitioner and said land has been mutated in his name in the revenue records including RTC.
He states that on 16.12.2013 he has submitted an application to the Deputy Commissioner- Respondent No. 2, Bengaluru Rural District, praying to direct Tahsildar- Respondent No. 1, Hosakote, to conduct phodi and durasthi of the said land in question. Deputy Commissioner- Respondent No. 2 issued a letter directing Tahsildar- Respondent No. 1 to send the relevant papers for obtaining prior permission of single person phodi and durasthi, after due attestation of all relevant documents. In pursuance to the letter of Deputy Commissioner-Respondent No. 2, petitioner herein submitted all relevant documents, but till today Tahsildar-Respondent No-1 has not processed and forwarded the same to the Deputy Commissioner-Respondent No. 2.
Petitioner avers that he has approached 2nd respondent several times for conducting single person phodi and durasthi of the said land in question, but his effort have been futile.
Being aggrieved by the inaction on the part of respondents, petitioner has filed this writ petition seeking a writ in the nature of mandamus directing Tahsildar- respondent No. 1 to forward papers to Deputy Commissioner- Respondent No. 2, Bengaluru in order to grant prior permission for conducting single person phodi and durasthi of said land in question.
I have heard learned Counsel for the petitioner and learned Additional Government Advocate for respondents. Perused the material on record.
In the circumstances, 1st respondent or the competent authority is directed to consider the representation made by petitioner dated 16.12.2013 in accordance with law for the purpose of conducting phodi and durasth of the land in question, in an expeditious manner, within a period of one year from the date of receipt of certified copy of this order.
With the aforesaid observations and directions, the writ petition stands disposed.