- 1 - NC: 2025:KHC:11999 WP No. 17872 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 17872 OF 2024 (LB-RES) BETWEEN: 1. SYED BASHEER S/O. SYED HUSSAIN SAB, AGED ABOUT 54 YEARS, R/O. HOLALKERE TOWN, CHITRADURGA DISTRICT-577 526. … PETITIONER (BY SRI. R SHASHIDHARA., ADVOCATE) AND: 1. STATE OF KARNATAKA URBAN DEVELOPMENT DEPARTMENT, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DIRECTOR DEPARTMENT OF MUNICIPAL ADMINISTRATION, V.V. TOWERS, BENGALURU-560 001. 3. HOLALKERE TOWN MUNICIPALITY REPRESENTED BY CHIEF OFFICER, HOLALKERE TOWN, CHITRADURGA DISTRICT-577 526. … RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 & R2; SRI B.K. MANJUNATH, ADVOCATE FOR R3) Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11999 WP No. 17872 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SETTING ASIDE THE ENDORSEMENT ISSUED BY THE R-3 IN NO. PU HO KAM SHA CR 2023-24 DTD 12.09.2023 VIDE ANNEXURE-E TO THIS WRIT PETITION AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of certiorari seeking to set aside the endorsement at Annexure-E dated 12.09.2023 issued by the 3rd respondent. In terms of the said endorsement, the respondent Local Authority has rejected the application for issuance of E-Katha on the ground that in terms of the Government Circular dated 22.03.2017, katha issued with respect to sites in Layouts which are not approved were cancelled. 2. It is further submitted that in light of the same, request of the petitioner could not be considered. - 3 - NC: 2025:KHC:11999 WP No. 17872 of 2024 3. It is the case of the petitioner that the respondent authority has collected necessary charges as is evidenced from the notice dated 23.02.2016 at 10% of the market value of each site and accordingly there is no impediment for issuance of Katha. It is further submitted that Katha was issued initially in the year 2011 and any change subsequently, i.e., amendment effected by Act 22/1964 amending Section 106 (1B) (i) is only prospective. 4. It is the further contention of the petitioner that betterment charges have bee paid and accordingly in light of pre-existing katha E-Katha, is to be issued. Reliance is placed on the judgment of Coordinate Bench of this court in W.P.No.36231/2024 disposed off on 25.02.2025. 5. Learned counsel appearing for the Town Municipal Council would contend that in light of amendment to Section 106, petitioner's case has to be re-examined. 6. Heard both sides. - 4 - NC: 2025:KHC:11999 WP No. 17872 of 2024 7. It is to be noticed that the petitioner has obtained katha in terms of Annexure-A in the year 2011. Further, betterment charges have been collected per site as is evidenced from Annexure-C which is notice dated 23.02.2016. It is clear that the property has been in existence since 2011 in the records of the respondent authority. 8. Learned counsel for respondents submits that without entering into the change in law, petitioner would be entitled to E-Katha in light of betterment charges paid at Annexure-C. 9. In light of such stand of the learned counsel for respondents, without entering into the legal effect of the amended provision of Section 106 (1B) (i) respondent authorities to issue E-Katha and Katha Extract in respect of Site No.2132/B measuring 35' x 25' situated at Ramamandira Road, Holalkere Town within a period of four weeks from the date of receipt of certified copy of the order. - 5 - NC: 2025:KHC:11999 WP No. 17872 of 2024 10. Accordingly, the petition is disposed off. Sd/- (S SUNIL DUTT YADAV) JUDGE NP