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Judgment
Huluvadi G. Ramesh
The petitioner has sought to quash the resolution dated 18.02.2010 at Annexure-''O'' and to issue a writ of mandamus to conduct survey of the Schedule Property in terms of the applications dated 03.12.2010 and 18.01.2011 and pass such other orders.
According to the respondents, in pursuance to the order pawed by this Court in the writ petition filed by way of PIL in W.P.No.817/2008 end others, stops are being taken to conduct survey. According to the respondent-authority, the encroachment by the petitioner is to an extent of 8% guntas of land in Sy. No.36 of Ibbalur Village.
It appears according to the petitioner, in the propertice in Sy. No.5 of Ambalipura Village, a portion of the land it acquired by the BDA and the remaining portion is available with him. In this context, since there is an allegation regarding encroachment, a show-cause notice has been issued, to which the petitioner has filed his objections and sought for identifying the area of alleged encroachment by conducting fresh survey.
Under these circumstances, it is for the petitioner to produce the tine deeds and also revenue records. Taking into consideration, the area available to the petitioner as per the title deeds and the area which has been acquired by the BDA or whether any land is in excess to the extent as found in title deeds, whether the petitioner hat got a claim over the same could be decided only after a survey is conducted by the respondent-authority. However, in this regard, due notice is required to be given to the petitioner to participate in the conduct of survey of land in question as also with regard to alleged encroachment and to take back the excess land, If available.
According, it is for the petitioner to approach the Tahsildar, on 23.12.2011 along with the documents. The respondent authority namely, the Tahsildar, Bangalore East Taluk is directed to issue notice to the petitioner and also the respondent-authority for conducting survey on 23.12.2011 at 11:00 a.m., or any other convenient date calling upon him to be present at the spot along with the documents of title deeds and other records. The Tahsildar, shall make arrangement for the survey of the petitioner''s land to find out the extent of Hand available to him and take over the excess land, if there is any encroachment, on the very day or any convenient day fixed by the third respondent- Tahsildar, in the presence of the officers of the 4th respondent-authority. In the meanwhile, the 4th respondent also to contact the 3rd respondent for taking necessary action.
Petition is disposed of accordingly.