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2024 Supreme(Online)(KAR) 29902

HIGH COURT OF KARNATAKA
SACHIN SHANKAR MAGADUM
N. VISWANATH – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Petitioner Advocates:SHASHI KIRAN V ,Respondent Advocate:

ORAL ORDER

Learned AGA is directed to accept notice for respondents.

2. The petitioners, who are owners of the land bearing Survey No. 153 of Uttari Village, Uttari Hobli, Bengaluru South Taluk, have approached this Court, aggrieved by the reclassification of ‘A’ kharab land as ‘B’ kharab land by the Tahsildar (respondent No.4). The said reclassification occurred after the phodi (survey and partition) proceedings were conducted. The petitioners allege that the reclassification was done without any enquiry or prior notice to them, in violation of established legal principles governing the classification of kharab land.

3. The dispute pertains to the land classified as "phot kharab" in Sy. No.153. Before the phodi proceedings, the land in question was classified as ‘A’ kharab. However, post-phodi, it was reclassified as ‘B’ kharab without conducting any formal enquiry or providing an opportunity to the petitioners to be heard. The petitioners, aggrieved by this reclassification, submitted representations to the concerned authorities on 30.06.2023 and 20.02.2024, as evidenced by Annexures - A and B. The authorities, however, failed to act upon these representations, leading the petition

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