- 1 - NC: 2025:KHC:3729 WP No. 5554 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5554 OF 2024 (LB-RES) BETWEEN: 1. SMT HEMAVATHI T S W/O CHIKKAYYA, AGED ABOUT 67 YEARS, R/AT CHAMPAKANAGAR LAYOUT, SAKLESHPURA TOWN, HASSAN DISTRICT-573134 REP BY GPA HOLDER, SRI DURGESH C, S/O HEMAVATHI. …PETITIONER (BY SRI. K R SATHISH., ADVOCATE) AND: 1. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL, SAKALESHPUR, HASSAN DISTRICT-573134 …RESPONDENT (BY SRI. PRATHEEP K C., ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA., PRAYING TO QUASH THE NOTICE / ORDER IN NO. NAM.MU.NI.CI/KA.SHA/P.R./01/2023- 24 DATED 01/12/2023 ISSUED BY THE RESPONDENT MARKED AT ANNEXURE-H TO THE WP, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3729 WP No. 5554 of 2024 ORAL ORDER 1. The petitioner is challenging a notice dated 01.12.2023 which reads as follows – “ªÉÄîÌAqÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, ¸ÀPÀ¯ÉñÀ¥ÀÄgÀ ¥ÀÄgÀ¸À¨sÁ ªÁå¦ÛAiÀÄ ªÁqïð £ÀA.13gÀ ZÀA¥ÀPÀ£ÀUÀgÀ §qÁªÀuÉAiÀÄ ¥ÀÄgÀ¸À¨sÁ SÁvÁ £ÀA.2189/1972gÀ D¹ÛAiÀÄÄ 1978/79gÀ°è ºÀÄ°è£À ªÀÄ£É 22*15 Cr, 1985-86, 1990-91, 1995-96, 2001-02 jAzÀ 2023-24£Éà ¸Á°£ÀªÀgÉUÉ ªÀÄA.ºÉ.ªÀÄ 35*17 C£ÀĨsÀªÀzÀAvÉ 70*34 C¼ÀvÉ zÁR¯ÁVzÀÄÝ PÀbÉÃj zÁR¯ÉAiÀÄ°è C¼ÀvÉ ªÀåvÁå¸À«gÀĪÀÅzÀjAzÀ ºÁUÀÆ F PÀbÉÃjAiÀÄ QjAiÀÄ C©üAiÀÄAvÀgÀgÀÄ ºÉZÀÄѪÀj PÀlÖqÀ ¤«Äð¹gÀĪÀ §UÉÎ ªÀgÀ¢ ¤ÃrzÀÄÝ C£À¢üPÀÈvÀªÁV ¤ªÀiÁðt ªÀiÁrgÀĪÀ PÀlÖqÀªÀ£ÀÄß vÉgÀªÀÅUÉƽ¸À®Ä ¸ÀÆa¹zÉ. vÀ¦àzÀÝ°è PÀ£ÁðlPÀ ¥ËgÀ¸À¨sÉUÀ¼À C¢ü¤AiÀĪÀÄ 1964gÀ jÃvÁå C£À¢üPÀÈvÀªÁV ¤ªÀiÁðt ªÀiÁrgÀĪÀ PÀlÖqÀªÀ£ÀÄß vÉgÀªÀÅUÉƽ¹ ¸ÀzÀj vÉgÀªÀÅ PÁAiÀÄðPÉÌ vÀUÀ®ÄªÀ ªÉZÀѪÀ£ÀÄß vÀ«ÄäAzÀ ªÀ¸ÀÆ°¸À¯ÁUÀĪÀÅzÀÄ JAzÀÄ F ªÀÄÆ®PÀ w½¹zÉ.” 2. As could be seen from the above, the Town Municipal Council, Sakaleshpur (TMC) itself admits in its notice that in respect of an extent of 70x34’, the katha was registered in the name of the petitioner. But it goes on to state that there were discrepancies in the - 3 - NC: 2025:KHC:3729 WP No. 5554 of 2024 records and as per the report of the Junior Engineer, the petitioner was erecting an unauthorized construction and, therefore, the same was required to be removed. 3. The notice does not indicate as to what was the mistake that was found out from the records regarding the entitlement of the petitioner over an extent of 70x34’. The TMC cannot unilaterally state that there is a mistake in the measurements recorded in the register, especially when the notice indicates that the measurement of the property has been shown as 70x34’ right from 1995-96 i.e., for more than about 27 years. 4. If the Municipal Council records, record a particular measurement of the petitioner’s property to be 70x34’ for more than 27 years, the TMC cannot be permitted to contend that all of a sudden that there is a mistake in the recording of the measurements. - 4 - NC: 2025:KHC:3729 WP No. 5554 of 2024 5. It is to be stated here that a measurement recorded in a municipal entry would prima facie indicate the right and entitlement of the kathedar to the possession of that extent and the Municipal Council in such cases cannot unilaterally decide whether the measurement recorded is correct or incorrect. I am, therefore, of the view that the impugned order Annexure-H cannot be sustained and the same is accordingly quashed. 6. It is, however, made clear that if the Municipal Council has granted a license to the petitioner to build any structure in the extent of 70x34’ and there is a violation of the sanction plan, this order will not come in the way of the Municipal Council to take action in respect of only of the deviations made from the sanction plan. 7. It is, however, made clear that the entry of the petitioner’s property as 70x34’ in the revenue - 5 - NC: 2025:KHC:3729 WP No. 5554 of 2024 records shall continue. This Writ Petition is, accordingly, allowed to this extent. 8. 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.: 29