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Chandan RP (Ast officer)     16 November 2016

Writ petition for phodi durasth of agri land in karnataka

Dear experts 

We had made a sale agreement for 3 years (registered) of 2.0 acres of agri land in mandya district Karnataka. As we did not know initially that the land had to undergo phodi/durasth/survey sketch for effective transfer by registration we had requested the seller to take care of all legal requirements before due date. As of now 1.5 years is pending. Seller has made attempts with DC and revenue authorities requesting for durasth process but it did not happen due to obvious reasons. Meanwhile the seller has filed writ petition in bangalore high court based on our advise. presently when i checked the status of case online it says "Status: Adjourned, Latest order : AGA for R1-3, Copy to be served". I don't understand what it really means!. 

Meanwhile, regarding the land documents that we have is , this land was granted to a non sc/st during 1965 (we have grant certificate/ saguvali chit/ OMR copy) , he sold it to non sc/st after about 15 years (registration copy available ) , then it was purchased by present owner ie my seller (registration/khatau copy available) , present RTC ,EC are all available and stands valid in present owner name since about 20 years as of now. As per the certified family tree all family members including daughters and sons and wife have made biometric acceptance in sub regustrar office. Survey number reads something like this Sy no 4 P (pyki 9). The total extent of this survey number 4 is about 259 acres. inside this some has undergone durasth and some are pending. 

I need to understand what could the the present status of court mean, what could the approximate time that can take from now on to high court to instruct authorities to carry out survey and enable the seller to transfer land to us? and , with the given details above is there anything that i have left ? am i in any risk in any form? 

Surrounding area real estate value has shot up during this time and is there any possibility/chance for which the seller may try to demand more during registration ie after surveying. 



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 2 Replies

adv.bharat @ PUNE (Lawyer)     16 November 2016

No such dead line is fixed for order.

Writ petition can serve your purpose.

Will u appreciate my answer by like on my profile page?

Chandan RP (Ast officer)     17 November 2016

Thank u "Status: Adjourned, Latest order : AGA for R1-3, Copy to be served". What does this status mean ?

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