- 1 - NC: 2025:KHC:1926 WP No. 26722 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 26722 OF 2024 (LB-RES) BETWEEN: 1. K PRAKASH RAO SON OF RAMACHANDRA HAVALDAR, AGED ABOUT 59 YEARS, RESIDING AT HAVALDAR COMPOUND, KAABETTU, KARKALA, UDUPI DISTRICT-574 104. …PETITIONER (BY SRI. KUMAR M N., ADVOCATE) AND: 1. CHIEF OFFICER TOWN MUNICIPALITY KARKALA, KARKALA TALUK, UDUPI DISTRICT-574 104. 2. ASSISTANT DIRECTOR DEPARTMENT OF TOWN AND COUNTRY PLANNING, GOVERNMENT OF KARNATAKA, RAJATADRI, UDUPI-576 104. …RESPONDENTS (BY SRI. PRASANNA V R., ADVOCATE FOR R-1; SRI. SPOORTHI.V., HCGP FOR R-2) THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA., PRAYING TO SET ASIDE THE ENDORSEMENT DATED. 24.05.2024 BEARING NO. KAA PU SA.BHOO.PA CR 707/2024-25 VIDE ANNEXURE-C ISSUED BY R-1, ETC. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:1926 WP No. 26722 of 2024 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this Writ Petition is to set aside the endorsement dated 24.05.2024 which was to the effect that the layout has been formed without obtaining any permission and hence khata could not be registered. 2. Learned counsel for the petitioner places reliance on the judgment rendered in W.P. No.19538/2022 and contends that a similar endorsement issued by the respondent herein was quashed by this Court and this Court had held the Municipalities were bound to register the khata, in the light of Section 113 of the Karnataka Municipalities Act, 1964 and had accordingly directed it to issue the khata. 3. In the said order, it is also stated that the registration of khata in favour of the petitioner - 3 - NC: 2025:KHC:1926 WP No. 26722 of 2024 therein would not confer any additional right on the petitioner when developing the property and the petitioner would have to obtain necessary permission from the Planning Authority under the provisions of the Karnataka Town and Country Planning Act, 1961 and applicable municipal laws when he intended to develop the property. 4. Learned counsel for the respondent does not dispute this position of law. 5. In light of the above, this Writ Petition is disposed of in terms of the order passed in W.P. No.19538/2022 and the concerned respondent is directed to register the khata in favour of the petitioner. But, it is made clear that this registration of khata would not confer a right to the petitioner to develop the property and would have to secure necessary permission from the Planning Authority or under the relevant Municipal Laws, if he intends to develop the property. - 4 - NC: 2025:KHC:1926 WP No. 26722 of 2024 6. As a consequence, the endorsement vide Annexure-C is quashed. 7. The entire exercise of registration of khata shall be completed within a period of two months. 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.: 22