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2025 DAILYLAW 24984 (KAR)

SRI. K A VENKATESH v. STATE OFKARNATAKA

WP/12708/2025 · 2025-06-09

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19349 WP No. 12708 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12708 OF 2025 (LB-RES) BETWEEN: SRI. K.A. VENKATESH, S/O LATE ANJINAPPA, AGED ABOUT 67 YEARS, RESIDING AT KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …PETITIONER (BY SRI. VARADARAJA P.N, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYTRAJ AND RURAL DEVELOPMENT, VIKASA SOUDHA, BENGALURU - 560 001. 2. THE GRAM PANCHAYAT, KANNAMANGALA, REPRESENTED BY ITS PANCHAYAT DEVELOPMENT OFFICER, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. H.K. KENCHEGOWDA, AGA FOR R1; SRI. M.S. DEVARAJU, ADVOCATE FOR R2) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19349 WP No. 12708 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 23.10.2024 SUBMITTED BY THE PETITIONER A COPY OF WHICH IS PRODUCED AT ANNX-D AND TO EFFECT E-KHATA AS PRAYED FOR TAKING INTO CONSIDERATION TITLE DEEDS, ACTUAL POSSESSION AND ENJOYMENT AND THE GOOGLE MAP, A COPY OF WHICH IS PRODUCED AT ANNX-G EXPEDITIOUSLY TO MEET THE ENDS OF JUSTICE. 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 captioned petition is filed seeking mandamus alleging inaction on the part of respondent No.2/Grama panchayath in issuing E -katha in respect of the petition property. 2. Heard learned counsel appearing for the petitioner, learned AGA appearing for respondent No.1 and learned standing counsel appearing for respondent No.2. - 3 - HC-KAR NC: 2025:KHC:19349 WP No. 12708 of 2025 3. The petitioner traces title over the petition properties on the basis of registered sale deeds. The petitioner's grievance before this court is that despite submitting representation dated 23.10.2024 addressed to respondent No.2/grama panchayath requesting for issuance of E-katha, there is complete laxness on the part of respondent No.2/grama panchayath, which has failed to issue E-katha. 4. Learned standing counsel appearing for respondent No.2/grama panchayath, on instructions, has placed on record an endorsement issued by respondent No.2 on 25.10.2024, thereby calling upon the petitioner to furnish relevant documents relating to the petition properties. 5. Learned counsel appearing for the petitioner in response to this endorsement submits that all the documents are furnished and they need to be subjected to scrutiny. - 4 - HC-KAR NC: 2025:KHC:19349 WP No. 12708 of 2025 6. Recording the submission of both counsels, this Court is of the view that respondent No.2/grama panchayath is obligated to issue E-katha by looking into the relevant documents where a sale deed is obtained by the petitioner. If such title documents are produced, respondent No.2/grama panchayath is bound to act upon the registered sale deeds and issue E-katha accordingly. The petitioner, referring to the title documents, is now asserting that these sale deeds indicate that they are bounded by the properties owned by them through their ancestors. 7. In the light of claim made by the petitioner, in the event the petitioner places all the title documents as indicated in the endorsement, respondent No.2/grama panchayath is bound to consider the documents and pass appropriate orders. 8. For the foregoing reasons, this Court passes the following: - 5 - HC-KAR NC: 2025:KHC:19349 WP No. 12708 of 2025 ORDER i. The writ petition is allowed. ii. The petitioner is directed to furnish certified copies of all relevant title documents to respondent No.2 – Grama Panchayat within a period of one month from the date of receipt of a certified copy of this order. iii. Upon receipt of the said documents, respondent No.2 shall examine the title records and take an appropriate decision on the petitioner's request for issuance of E- katha, strictly in accordance with law and after due verification. iv. The entire exercise, including consideration and disposal of the petitioner’s request, shall be completed by respondent No.2 within a period of three months from the date of receipt of the documents from the petitioner. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK CT: BHK