- 1 - HC-KAR NC: 2025:KHC-D:17024 WP No. 101761 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO.101761 OF 2025 (LB-RES) BETWEEN: 1. SRI. GAJANAN S/O NAGESH NAYAK, AGED ABOUT 42 YEARS, RESIDING AT ANGADIKERI, MUROOR VILLAGE, KUMTA TALUKA-581 343. 2. SMT. SHWETA W/O GANESH SHANBHAG, AGED ABOUT 40 YEARS, RESIDING AT MAVINKATTA, MANKI VILLAGE, HONAVAR TALUK-581 348. & PETITIONERS (BY SRI. CHANDRASHEKHAR GOUDA, ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA, DIRECTOR OF MUNICIPAL ADMINISTRATION, VISHWESHWARIAH TOWER, DR. AMBEDKAR VEEDHI, BENGALURU-560 001, R/BY ITS DIRECTOR. 2. THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL ANKOLA, TALUK ANKOLA-581 314, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.12.10 16:35:43 +0530 - 2 - HC-KAR NC: 2025:KHC-D:17024 WP No. 101761 of 2025 UTTARA KANNADA DISTRICT. 3. THE REVENUE OFFICER, TOWN MUNICIPAL COUNCIL ANKOLA, TALUK ANKOLA-581 314, UTTARA KANNADA DISTRICT. & RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. S.V. YAJI, ADVOCATE FOR R2; NOTICE TO R3 IS SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS IN E-KHATA APPLICATION FILED IN RESPECT OF NONAGRICULTURAL LAND BEARING SURVEY NO.18B AREA 0-5-0 SITUATED AT VANDIGE VILLAGE, ANKOLA TALUK BEFORE THE 2ND RESPONDENT; ISSUE A WRIT OF CERTIORARI OR SUCH OTHER ORDER QUASHING THE ENDORSEMENT DATED 17/01/2025 ISSUED BY THE 2ND RESPONDENT-THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, ANKOLA IN NO.PÀæ.¥ÀÄ.¸À.CA.PÀA.«¨sÁUÀ.«.ªÀ./2024-25/605 VIDE ANNEXURE-A; ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT DIRECTING THE 2ND RESPONDENT-THE CHIEF OFFICER, TOWN MUNICIPAL COUNCIL, ANKOLA TO ENTER THE NAME OF PETITIONERS IN E-KHATA REGISTER AND ISSUE AN E-KHATA CERTIFICATE IN FAVOUR OF PETITIONERS IN RESPECT OF LAND BEARING SURVEY NO.18B AREA 0-5-0 AT VANDIGI VILLAGE ANKOLA TALUK; ISSUE A WRIT OF MANDAMUS OR SUCH OTHER WRIT DIRECTING THE 3RD RESPONDENT-THE REVENUE OFFICER, TOWN MUNICIPAL COUNCIL, ANKOLA TO ENTER THE NAME OF PETITIONERS IN PROPERTY TAX REGISTER IN RESPECT OF NA LAND BEARING SURVEY NO.18B AREA 0-5-0 AT VANDIGE VILLAGE, ANKOLA TALUK AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:17024 WP No. 101761 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. This petition is filed seeking writ of mandamus to direct respondents No.2 and 3 to issue e-Khata in respect of Survey No.18B measuring 5-guntas in Vandige village, Ankola taluk and writ of certiorari is also sought to quash endorsement dated 17.01.2025 issued by respondent No.2-Town Municipal Council, Ankola. 2. A direction is also sought to enter the names of the petitioners in e-Katha register and to issue e-Katha certificate in favour of the petitioners in respect of aforementioned property. 3. In terms of endorsement dated 17.01.2025, the request made by the petitioners to enter their names in the property records and to issue e- Katha, is rejected on the premise there are no records to show that Gajanan Nagesh Nayak and - 4 - HC-KAR NC: 2025:KHC-D:17024 WP No. 101761 of 2025 Smt. Shweta Ganesh Shanbhag have acquired right in the property. 4. Learned counsel for the petitioners would submit that right of the petitioners9 mother is crystallized in terms of the decree in O.S.No.18/1997, which is decided on 14.07.1997, wherein the petitioners9 mother Sulochana Nagesh Nayak was allotted 5- guntas of land in Sy.No.18B of Vandige village, Taluk Ankola and the said decree also reveals that structure in the said property is also allotted to the share of Smt. Sulochana Nagesh Nayak-the petitioners9 mother. 5. It is further submitted that the said decree is given effect to in terms of the division effected by the jurisdictional Revenue Officer. The said document is marked at Annexure-G. 6. It is also noticed from the said order at Annexure-G that the name of the petitioners9 mother is recorded - 5 - HC-KAR NC: 2025:KHC-D:17024 WP No. 101761 of 2025 in Sy.No.18B measuring 5-Guntas of Vandige village, Ankola Taluk. Thus, it is evident that late Smt. Sulochana Nagesh Nayak acquired title over the property. 7. It is admitted that the petitioners are the legal heirs of late Smt. Sulochana Nagesh Nayak and Heirship Certificate is produced at Annexure-R. 8. This being the position, this Court is of the view that e-Khata has to be issued in the name of the petitioners in respect of the property bearing Sy.No.18B measuring 5 guntas of Vandige village, Ankola Taluk and also in respect of the structure situated therein. 9. Hence, the following: ORDER i. The petition is disposed of. - 6 - HC-KAR NC: 2025:KHC-D:17024 WP No. 101761 of 2025 ii. The e-Khata shall be issued by respondent No.2 on petitioners paying Rs.13,493/- as demanded by respondents No.2 and 3. iii. It is made clear that the said payment is under protest and the petitioners are at liberty to raise an appropriate dispute, in case amount demanded is in excess of what is payable. iv. The e-Khata shall be issued within 30 days from the date of receipt of the copy of this order, failing which, respondent No.2 shall pay cost of Rs.15,000/- to the petitioners. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM/- CT:BCK LIST NO.: 1 SL NO.: 7