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2025 DAILYLAW 22940 (KAR)

SRI B R PARTHA v. THE STATE OF KARNATAKA

WP/10272/2025 · 2025-06-10

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19585 WP No. 10272 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 10272 OF 2025 (LB-RES) BETWEEN: 1. SRI. B.R. PARTHA S/O B.G. RAJENDRA KUMAR AGED ABOUT 32 YEARS 2. SRI. B.R. EESHA S/O B.G. RAJENDRA KUMAR AGED ABOUT 28 YEARS BOTH ARE R/AT NO.8/52 VASAVI MAHAL ROAD KOLADHA BEEDI, CHAMARAJANAGAR TOWN CHAMARAJANAGAR TALUK AND DISTRICT KARNATAKA-571 313. …PETITIONERS (BY SRI. ARVIND .N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER CHAMARAJANAGAR DISTRICT D.C. OFFICE ROAD, BHAGIRATH NAGAR CHAMARAJANAGAR - 571 313. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19585 WP No. 10272 of 2025 3. THE COMMISSIONER CITY MUNICIPAL COUNCIL CHAMARAJANAGAR TALUK CHAMARAJANAGAR TALUK AND DISTRICT KARNATAKA - 571 313. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1 AND R2; SRI. A. NAGARAJAPPA, ADVOCATE FOR R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO CHANGE KATHA IN PETITIONERS NAME AS PER REPRESENTATION DATED 24.01.2025 VIDE ANNEXURE-D. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners, in the captioned writ petition, are aggrieved by non-issuance of e-Katha by respondent No.3 despite representation dated 24.01.2025 as per Annexure-D. 2. The petition property is a commercial shop bearing No.5, corresponding New Municipal Assessment No.823/758A, Old No.A/554 situated at Palace Janana Mantapa Building, Chamarajanagar Town. - 3 - HC-KAR NC: 2025:KHC:19585 WP No. 10272 of 2025 3. The petitioners are tracing their title through the registered sale deed dated 22.03.1971. The petitioners assert that pursuant to the registered sale deed dated 22.03.1971, respondent No.3 has issued a katha and the property records also indicate that the petitioners names are reflected as owners. However, there is inaction on the part of respondent No.3 in not issuing E-katha. Therefore, the present writ petition is filed. 4. Learned Standing Counsel appearing for respondent No.3, on instructions received from the authority, submits that the petitioners’ representation will be duly considered in accordance with law. He further assures this Court that a reasoned and appropriate order will be passed on the said representation within a period of four weeks from the date of receipt of a certified copy of this order. The said assurance is placed on record. 5. Having regard to the submission made by the learned Standing Counsel and taking note of the fact that - 4 - HC-KAR NC: 2025:KHC:19585 WP No. 10272 of 2025 a manual katha extract has already been issued in favour of the petitioners, this Court is of the considered opinion that the petitioners' right, title, and interest over the property stands fortified by a registered sale deed, which remains undisputed. In such circumstances, respondent No.3, being the jurisdictional authority vested with the power to update municipal records, is under a statutory obligation to consider the petitioners’ request for issuance of e-Katha in accordance with law. Mere pendency of procedural formalities or administrative delay cannot come in the way of updating records when title is supported by a registered conveyance. 6. In view of the foregoing, the representation submitted by the petitioners shall be considered objectively and in a time-bound manner, and a decision shall be taken by respondent No.3, as assured, within four weeks from the date of receipt of a copy of this order. It is made clear that if the petitioners are entitled to e-Katha in terms of applicable rules and guidelines, respondent No.3 - 5 - HC-KAR NC: 2025:KHC:19585 WP No. 10272 of 2025 shall take necessary steps to issue the same without insisting on unwarranted technical formalities. 7. With these above observations, this Court proceeds to pass the following; ORDER i. The writ petition is accordingly allowed. In consequence, the following directions are issued: ii. Respondent No.3 is directed to consider the petitioner's representation dated 24.01.2025, a copy of which is produced at Annexure-D, in accordance with law. iii. While considering the said representation, respondent No.3 shall take due cognizance of the registered sale deed executed in favour of the petitioner, which evidences lawful right, title, and interest over the petition land. iv. Respondent No.3 shall also take note of the fact that a manual property - 6 - HC-KAR NC: 2025:KHC:19585 WP No. 10272 of 2025 extract has already been issued in favour of the petitioner, and the present request is only for issuance of the e-Katha based on the same ownership. v. The petitioner is at liberty to submit a fresh online application, enclosing therewith all necessary title documents, including a copy of the registered sale deed and the manual property extract. vi. Upon receipt of such online application, respondent No.3 shall consider the same and pass appropriate orders within a period of four weeks from the date of receipt of the application. vii. The entire exercise, as assured by the learned Standing Counsel appearing for respondent No.3, shall be completed within an outer limit of four weeks from the date of receipt of the fresh online application. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 9