- 1 - NC: 2025:KHC:8645 WP No. 3901 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3901 OF 2025 (LB-BMP) BETWEEN: 1. M/S PKM EDUCATIONAL TRUST (R) A REGISTERED TRUST HAVING ITS OFFICE AT NO.67 CHIKKABANAVARA, R.R. LAYOUT, BENGALURU-560090. REPRESENTED BY ITS CHAIRMAN, Y. RAJA REDDY …PETITIONER (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. THE COMMISSIONER BRUHATH BENGALURU MAHANAGARA PALIKE, N.R. SQUARE, BENGALURU-560 002 2. THE ASST. REVENUE OFFICER, SHETTIHALLI SUB-DIVISION, NEAR PRIMARY SCHOOL, RAVINDRANAGAR, SHETTIHALLI, BENGALURU-560015 3. THE PRINCIPAL SECRETARY, URBAN DEVELOPMENT DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560001 4. THE COMMISSIONER, BANGALORE DEVELOPMENT AUTHORITY, 5TH MAIN ROAD, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8645 WP No. 3901 of 2025 KUMARAPARK WEST, GUTTAHALLI, BENGALURU-560020 …RESPONDENTS (BY SRI. JAGADEESWARA N R., ADVOCATE FOR R-1 & R-2; SRI. RAHUL CARIAPPA., AGA FOR R-3, SRI. K.KRISHNA., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 09.10.2024 BEARING NO.DA/PR/KRT/NO.123/24-25, ISSUED BY THE 2 RESPONDENT (ANNEXURE-A) AND CONSEQUENTLY DIRECT THE RESPONDENTS NO.1 AND 2 TO ISSUE KATHA CERTIFICATE IN FAVOUR OF THE PETITIONER IN RESPECT UNDEVELOPED CONVERTED LAND BEARING SY.NO.32/4, MEASURING 1 ACRE 25 GUNTAS OR 6576.142 SQ. METERS, SITUATED AT CHIKKASANDRA VILLAGE, YESHWANTHAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by issuance of an impugned endorsement dated 09.10.2024 issued by respondent No.2, whereby, the request of petitioner for issue of katha in his name has been refused and the petitioner is called upon to secure the approval of the appropriate Planning Authority. - 3 - NC: 2025:KHC:8645 WP No. 3901 of 2025 2. Learned counsel for the petitioner submits that the petitioner, which is a Trust, had purchased land bearing Sy.No.32/4 measuring 1 acre 25 guntas (6576.142 sq.mtrs.) for which permission has been granted by the Deputy Commissioner for being used for educational purpose under Section 95 of the Karnataka Land Revenue Act, 1964 (‘KLR Act’). 3. This purchase was made on 20.08.2024 and the petitioner sought for registration of katha on the basis of this sale deed. 4. However, the BBMP has now taken up the stand that since the plot that the petitioner had purchased did not have the approval of the Planning Authority, as required under Section 17 of the Karnataka Town and Country Planning Act, 1961 (‘the KTCP Act’), the katha cannot be registered. 5. Learned counsel points out that clause (4) of the Circular dated 03.10.2024 upon which reliance was - 4 - NC: 2025:KHC:8645 WP No. 3901 of 2025 placed by the Bruhat Bengaluru Mahanagara Palike ('the BBMP'), in fact, permits the petitioner for registration of a ‘B’ katha in respect of the properties purchased prior to 30.09.2024 and since the property was purchased by the petitioner on 20.08.2024, even according to this circular, the petitioner would be entitled for atleast for a ‘B’ katha. 6. Learned counsel for the petitioner also submits that the petitioner has also made an application for grant of approval to the Planning Authority, as contemplated under Section 17 of the KTCP Act and a direction may be issued to them to consider the same. 7. Learned counsel for the BBMP submits that since the petitioner has approached the Planning Authority, the refusal of the BBMP to issue the katha by placing reliance on the Circular dated 03.10.2024 cannot be found fault with. He also submits that if the Planning Authority accords approval under Section 17 of the - 5 - NC: 2025:KHC:8645 WP No. 3901 of 2025 KTCP Act for the division of the plot, the BBMP will consider the case of the petitioner. 8. The Circular was issued on 03.10.2024 in the matter of registration of katha and four directions have been issued regarding the registration of katha by the BBMP. 9. The 4th condition mentioned in the Circular reads as follows – “4. ªÉÄÃ¯É w½¹gÀĪÀ ¤§AzsÀ£ÉUÀ¼À ºÉÆgÀvÁVAiÀÄÆ ¢£ÁAPÀ: 30-09-2024 gÀ M¼ÀUÉ ¸ÀévÀÄÛUÀ¼ÀÄ CxÀªÁ ¨sÀÆ«ÄUÀ½UÉ FUÁUÀ¯Éà G¥À £ÉÆÃAzÀuÁ¢üPÁjUÀ¼À PÀbÉÃjUÀ¼À°è £ÉÆAzÀt DVzÀÝ°è CAvÀºÀ ¸ÀévÀÄÛUÀ½UÉ PÉn¹¦ PÁAiÉÄÝ 1961 gÀ ¥ÀæPÀgÀt 17 gÀ CrAiÀÄ°è ¸ÀA§A¢üvÀ AiÉÆÃd£Á ¥Áæ¢üPÁgÀ¢AzÀ C£ÀĪÉÆÃzÀ£É ¥ÀqÉAiÀÄzÉà EzÀÝ°è ¤AiÀĪÀiÁ£ÀĸÁgÀ © ªÀ»AiÀÄ°è zÁR°¹ «vÀj¸À§ºÀÄzÀÄ.” 10. As could be seen from the 4th condition, if a person had purchased the property under a registered sale deed prior to 30.09.2024 without securing the approval of the Planning Authority under Section 17 - 6 - NC: 2025:KHC:8645 WP No. 3901 of 2025 of the KTCP Act for division of the plots, he would be entitled for registration of ‘B’ katha. 11. In the light of this particular exemption granted for purchases made prior to 30.09.2024, it is obvious that the BBMP will have to consider the case of the petitioner in accordance with clause (4). Accordingly, BBMP is directed to consider the claim of the petitioner in accordance with clause (4) of the Circular dated 03.10.2024 and pass appropriate orders. 12. As regards the prayer of the petitioner for issuance of a direction to the Planning Authority to consider his request for according approval under Section 17, it is noticed that the petitioner has indeed made an application on 21.01.2025 vide Annexure-B3. 13. In light of the above, though the application is addressed to the Commissioner, it would be appropriate to direct the Commissioner to forward - 7 - NC: 2025:KHC:8645 WP No. 3901 of 2025 the application to the concerned Authority in the Planning Department and the concerned Authority under the Planning Department of the BDA shall consider the application and pass appropriate orders in accordance with law within a period of two months from the date of receipt of a copy of this order. Writ Petition is, accordingly, disposed of. 14. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 35