Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14930 WP No. 8777 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 8777 OF 2025 (LB-RES) BETWEEN:
1. CHANDRASHEKAR K R S/O RUDRAIAH AGED ABOUT 95 YEARS, RESIDING AT NO.100, RAMBHAPURI NILAYA, KOTE, KANADAL EXTENSION, CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT - 577 101 … PETITIONER (BY SRI. NAVEEN J N., ADVOCATE) AND:
1. THE COMMISSIONER CITY MUNICIPAL COUNCIL, CHIKKAMAGALURU, CHIKKAMAGALURU DISTRICT - 577 101 … RESPONDENT (BY SRI. A. NAGARAJAPPA., ADVOCATE)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (A) QUASHING THE IMPUGNED ENDORSEMENT IN NO.CMC/CKM-175-2024- 2025 DATED 15.9.2024 ISSUED BY THE RESPONDENT MARKED AT ANNEXURE-G TO THE WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by VIJAYA P Location:
HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14930 WP No. 8777 of 2025 CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER
Petitioner has sought for setting aside of the endorsement at Annexure-G dated 15.09.2024 and has sought for issuance of a direction in the nature of mandamus to the respondent to effect e-katha with respect to Site No.12 in Sy. No.12P situated at Chikmagalur Village, Kasaba Hobli, Chikmagalur Taluk and District. 2. It is the case of the petitioner that the petitioner has sought for effecting of katha in respect of Site No.12 morefully described in the plan at Annexure-D. It is submitted that the endorsement at Annexure-G is cryptic and the observations that the documents of the petitioner do not tally with the status of the property at the ground level is a vague reason assigned and if the petitioner was given an opportunity, he would have
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NC: 2025:KHC:14930 WP No. 8777 of 2025 satisfied the Authority regarding the purported reason for issuing the endorsement at Annexure-G.
3. Perused the endorsement at Annexure-G. The said endorsement is vague and does not assign any reason except for narration that the documents do not tally with the position at site. The nature of discrepancy between the documents and the position at site has not been spelt out to enable the petitioner to take stand regarding the reason assigned in the endorsement.
Unless the order is reasoned, the petitioner cannot file an appeal. In light of the same, the endorsement at Annexure-G is to be treated as a show cause notice and the petitioner to make out his reply within two weeks from the date of receipt of certified copy of this order and the respondent to take appropriate decision after hearing the petitioner. All contentions are kept open. 4. In terms of the observations made above, the petition is disposed off. It is open for the respondent -
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NC: 2025:KHC:14930 WP No. 8777 of 2025 Authority to consider making a spot inspection as sought for by the petitioner, if it is found necessary. Sd/- (S SUNIL DUTT YADAV) JUDGE VP