- 1 - NC: 2025:KHC:8291 WP No. 36231 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36231 OF 2024 (LB-RES) BETWEEN: 1. S SANTHOSH S/O V SHIVARUDRAPPA, AGED ABOUT 45 YEARS, R/O G.M LAYOUT, 2ND CROSS, 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-01. 2. THE DIRECTOR, DEPARTMENT OF MUNICIPAL ADMINISTRATION, VV TOWERS, BENGALURU-560 001. 3. HOLALKERE TOWN MUNICIPALITY, REPRESENTED BY CHIEF OFFICER, HOLALKERE TOWN, CHITRADURGA DISTRICT-577 526. …RESPONDENTS (BY SRI. RAHUL CARIAPPA, AGA FOR R1 & R2; SRI. B K MANJUNATH, ADVOCATE FOR R3) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8291 WP No. 36231 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ENDORSEMENT ISSUED BY THE R-3 IN NO. PU.HO.KHA.V.C.R:299:2023-24 DTD. 11.03.2024 IS PRODUCED AS ANNX-E TO THIS WRIT PETITION. THIS PETITION, COMING ON FOR ORDERS, 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 for issuance of a direction for quashing of Annexure-E, an endorsement by which the Town Municipality, Holalkere (TMC) has refused to issue E-katha in favour of the petitioner on the ground that the site that he had purchased was in a layout which was not approved. 2. Learned counsel for the petitioner points out that the Town Municipality had, in fact, registered the katha in favour of his vendor as per Annexure-C, and therefore, it would be improper and illegal on the - 3 - NC: 2025:KHC:8291 WP No. 36231 of 2024 part of the TMC to contend now that the katha cannot be transferred. 3. He submits that the reliance placed on the circular would also be mis-conceived and places reliance on the judgment rendered by this Court in W.P. No.14253/2022 in which this Court in respect of the very same TMC has held that the reliance on the official memorandum dated 05.01.2018 cannot be accepted since the said memorandum was only prospective in nature. 4. Learned counsel for the Municipality, however, seeks to place reliance on the amendment made to the Municipalities Act vide Act No.22 of 1964 to contend that it is impermissible for the Municipality to issue a new Property ID (PID) or register the katha. 5. It is to be noticed that the Amendment Act of 2024 relates to issuance of a new PID, and therefore, can have no applicability in respect of the properties for - 4 - NC: 2025:KHC:8291 WP No. 36231 of 2024 which the PID or katha has already been issued by the Municipal Council. 6. In the instant case, as could be seen from Annexure- C, the katha was, in fact, registered in the name of the petitioner’s vendor way back in the year 2015-16 and consequently, the circular of the Government which prohibited the Municipality from issuing E- katha would have no application for an existing katha. If the petitioner had purchased the property from the erstwhile kathedar, the Municipality will have to necessarily transfer the katha in his name so as to enable him to collect taxes from the kathedar. 7. This Writ Petition is, therefore, allowed and the respondent is directed to transfer the katha in favour of the petitioner and issue a E-katha / katha extract in support of the property purchased by him under the registered sale deed dated 28.08.2015. - 5 - NC: 2025:KHC:8291 WP No. 36231 of 2024 8. The said exercise shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order. 9. 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.: 46