- 1 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 26664 OF 2024 (LB-RES) BETWEEN: P. B. SHIVALINGASWAMY S/O BASAIAH, AGED ABOUT 62 YEARS, (SENIOR CITIZEN BENEFIT NOT CLAIMED) R/O WARD NO.1, GANAPATHI ROAD, HOLALKERE TOWN-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 RAI K., HCGP FOR R1 & R2; SRI. B. K. MANJUNATH, ADVOCATE FOR R3) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-3 TO CONSIDER THE APPLICATIONS DTD. 30.08.2023 AND 06.11.2023 VIDE ANNX-D AND D1 TO THIS WRIT PETITION. DIRECT THE R-3 TO ISSUE KATHA EXTRACT IN RESPECT OF SITE BEARING NO.1362/B, MEASURING EAST TO WEST 15 FEET NORTH TO SOUTH 15 FEET, SITUATED BESIDE BUS STAND, HOLALKERE TOWN. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed by the petitioner seeking a mandamus against the respondent No.3 to consider his applications dated 30.08.2023 and 06.11.2023 vide Annexures-D and D1 and issue the katha extract in respect of site bearing No.1362/B, measuring East-West 15 feet North-South 15 feet. 2. The petitioner claims ownership over the petition schedule property on the strength of a sale certificate issued in his favour by respondent No.3 – Gram - 3 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 Panchayat. Referring to the allotment made by the Gram Panchayat in respect of site bearing Assessment No.1362/B, the petitioner contends that the site was allotted to him at an upset price of Rs.30/- per sq. ft. In furtherance of such allotment, he is stated to have deposited a sum of Rs.6,750/- with Respondent No.3 on 22.04.1995. It is the specific assertion of the petitioner that, ever since the issuance of the sale certificate, he has been in lawful possession and enjoyment of the said site. 3. The petitioner further avers that, after acquiring the property, he obtained the requisite building permission from Respondent No.3 and, pursuant to the licence dated 07.06.1995 (produced at Annexure–B), constructed a commercial complex on the site. His name was thereafter duly mutated in the records of the Town Panchayat, thereby recognising him as the owner of the petition schedule property. - 4 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 4. The grievance of the petitioner, however, is that despite repeated representations, the authorities have failed to issue the katha certificate/extract in respect of the property. According to him, the denial of katha, notwithstanding the possession of a sale certificate and a building licence, is arbitrary and without justification. Aggrieved by such inaction, the petitioner has approached this Court seeking appropriate relief. 5. Per contra, the learned High Court Government Pleader, while opposing the petition, has drawn the attention of this Court to the fact that the petitioner had earlier instituted O.S.No.27/1998 before the jurisdictional Civil Court, seeking a decree of bare injunction against Respondent No.3. The said suit was partly decreed, reserving liberty to Respondent No.3 to acquire the property in accordance with law. 6. The learned HCGP further submits that Respondent No.3, on several occasions, instructed the - 5 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 petitioner to vacate the premises on the ground that the land had been earmarked for an extension of the private bus stand. When the petitioner failed to comply, a legal notice dated 07.05.2021 was issued to him. The statement of objections filed in the present proceedings also records, at paragraph 5, that “Respondent No.3 intends to acquire the said property by due process of law in order to serve the interests of the public at large.” 7. The records on file demonstrate that Respondent No.3 – the Gram Panchayat duly allotted the site in question to the petitioner and issued a sale certificate in his favour. A perusal of the sale certificate shows that the land in dispute had been converted and thereafter allotted by the Gram Panchayat. Once the Gram Panchayat itself has allotted the site and issued a sale certificate, it assumes the statutory and administrative obligation to generate the requisite katha extract in respect of the allotted property. The petitioner, therefore, enjoys a legal right to obtain the katha - 6 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 pertaining to the site in question and cannot be left remediless by administrative inaction on the part of the authority which itself effectuated the allotment. 8. The petitioner has placed on record documentary material to demonstrate his entitlement to seek the katha. The sale certificate issued by Respondent No.3, the subsequent building licence dated 07.06.1995 (Annexure-B) obtained by the petitioner and the construction of a commercial complex on the site, together with the mutation of the petitioner’s name in the Town Panchayat records, cumulatively establish that the petitioner has been in possession and enjoyment of the site since the allotment. Despite these facts and repeated representations by the petitioner, Respondent No.3 has not generated the katha nor furnished any reasoned communication refusing to do so. The petitioner has also filed specific applications dated 30.08.2023 and 06.11.2023 (produced as Annexures-D and D1) requesting issuance of the katha extract; yet no decisive action has - 7 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 followed. Such unexplained inaction by the authority that granted the allotment is arbitrary and calls for judicial intervention in the exercise of the writ jurisdiction. 9. In the circumstances of this case, the petitioner has established a prima facie legal right to obtain the katha in respect of the allotted site and has also demonstrated the absence of any efficacious alternate remedy. The administrative failure to issue the katha, despite the sale certificate, building licence and mutation, has caused and continues to cause prejudice to the petitioner. In view of the settled principle that a public authority which itself creates, records and recognises a proprietary interest cannot thereafter sit inert and refuse to perform the ministerial act of issuing the katha without lawful justification, this is an appropriate case in which a mandamus should and must issue to compel performance of a statutory/administrative duty. - 8 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 10. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) Respondent No.3/Gram Panchayat is directed to consider the petitioner’s applications dated 30.08.2023 and 06.11.2023 (Annexures- D and D1) and to issue the katha extract in respect of site bearing No.1362/B, measuring East–West 15 feet and North–South 15 feet, situated at Holalkere Town, forthwith; (iii) The consideration and decision by Respondent No.3 shall be taken and communicated in accordance with law and shall be completed as expeditiously as possible and in any event within an outer time limit of six weeks from the date of receipt of a certified copy of this order; (iv) If Respondent No.3 declines to issue the katha, the decision shall be by a reasoned order communicated in writing to the petitioner, - 9 - HC-KAR NC: 2025:KHC:37805 WP No. 26664 of 2024 specifying the statutory or factual basis for such refusal; (v) On issuance of the katha extract, Respondent No.3 shall take all consequential administrative steps necessary to record the katha/khata and to update the municipal/town records (including mutation/assessment records) to reflect the petitioner’s entitlement, and shall furnish certified copies of the same to the petitioner; (vi) No order as to costs. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1