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2024 Supreme(Online)(KAR) 11465

HIGH COURT OF KARNATAKA
MR JUSTICE B M SHYAM PRASAD, J
VENKATAKSWAMY REDDY – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
SRI. SHIVARAJU M K., ADVOCATE; SRI.NAVEEN CHANDRASHEKAR, AGA FOR R1 AND R2; SRI. KEMPANNA, ADVOCATE FOR R3

ORDER

The petitioner asserting ownership of 1 acre 8 guntas in Sy. No.90 of Chandapura Village, Attibele Hobli, Anekal Taluk, Bengaluru Urban District [the subject property] has filed this petition alleging that the third respondent's officials have illegally removed the fencing constructed by him along the northern portion of his property; that they have encroached a certain portion of his property and that he is entitled to claim compensation of Rs.15,00,000/- from the third respondent towards illegal encroachment and felling of standing trees such as sandalwood trees and medicinal trees. The dispute put forth for consideration is obviously a boundary dispute.

2. This Court, on 07.02.2024, after recording the nature of dispute, has directed a joint survey on 21.02.2024. This Court has also observed that all the procedural formalities for survey shall be duly observed and that the survey shall be supervised by the jurisdictional Assistant Director of Land Records.

It is undisputed that such survey is conducted, and after this survey, a report is filed by the third respondent along with the mahazar drawn. This report and Mahazar are taken on record.

3. When queried, Sri. M K Shivaraju,

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