- 1 - HC-KAR NC: 2025:KHC:25081 WP No. 22989 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 22989 OF 2024 (LB-RES) BETWEEN: 1. B. MANJULA W/O S. JAGADISH AGED ABOUT 36 YEARS R/O MALENAHALLI KAVALU VILLAGE KASABA HOBLI, HOLALKERE TALUK 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, V.V. TOWERS BENGALURU-560 001. 3. HOLALKERE TOWN MUNICIPALITY REPRESENTED BY CHIEF OFFICER HOLALKERE TOWN Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25081 WP No. 22989 of 2024 CHITRADURGA DISTRICT-577 526. …RESPONDENTS (BY SRI. H.K. KENCHE GOWDA, AGA FOR R1 AND R2; SRI. B.K. MANJUNATH, ADVOCATE FOR R3) THIS W.P. 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.KAM.SHA.C.R.2024-25 DATED 12.07.2024 VIDE ANNX-D TO THIS WRIT PETITION AND ETC. THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed assailing the endorsement issued by the respondent No.3 vide Annexure-D, wherein the authorities has declined to issue e-katha on the ground that the site is not part and parcel of the approved layout. Said order is under challenge. 2. Heard learned counsel for the petitioner and learned AGA appearing for respondent Nos.1 and 2 and learned counsel appearing for respondent No.3. - 3 - HC-KAR NC: 2025:KHC:25081 WP No. 22989 of 2024 3. The petitioner, having purchased a revenue site under a registered sale deed dated 10.02.2016, was issued a valid katha in respect of the said property. Pursuant thereto, the petitioner submitted an application seeking issuance of an E-katha. However, respondent No.3, while considering the said application, declined to issue the E-katha by placing reliance on the Government Circular dated 22.03.2017 issued by respondent No.1. The petitioner contends that such reliance is misplaced, as the circular is prospective in nature and has no bearing on transactions concluded prior to its issuance. 4. The petitioner’s primary contention in the present writ petition is that the Government Circular dated 22.03.2017, which is being relied upon by respondent No.3 to deny issuance of E-Katha, is prospective in nature and cannot be applied retrospectively to transactions that were completed prior to its issuance. The petitioner specifically asserts that betterment charges were paid to - 4 - HC-KAR NC: 2025:KHC:25081 WP No. 22989 of 2024 the respondent-authority on 14.01.2016, well before the circular came into force. On this premise, the petitioner contends that he has complied with all requisite conditions prevailing at the time and is, therefore, entitled to issuance of E-Katha. In support of this submission, the petitioner places reliance on the judgment rendered by a co-ordinate Bench of this Court in W.P.No.14253/2022, wherein it was held that once betterment charges have been collected by the competent authority, issuance of E- Katha cannot be denied on the basis of a subsequent circular. 5. Upon perusal of the order passed by the co- ordinate Bench in the aforementioned case, this Court finds that the facts in the present case are on all fours with those involved therein. The material on record clearly establishes that respondent No.3 has collected betterment charges from the petitioner on 14.01.2016. This act of acceptance of payment by the competent authority creates a legitimate expectation in favour of the petitioner that - 5 - HC-KAR NC: 2025:KHC:25081 WP No. 22989 of 2024 necessary consequential benefits including issuance of E- Katha would follow. Furthermore, it is not in dispute that the site in question forms part of a unconverted land and is a revenue site. In such circumstances, once the authority has acted upon the earlier regime by collecting betterment charges, it is estopped from denying issuance of E-Katha by subsequently invoking a circular that has no retrospective operation. This Court is therefore of the considered view that the impugned endorsement issued by respondent No.3 declining to issue E-Katha solely on the basis of the Government Circular dated 22.03.2017 is unsustainable in law and liable to be quashed. This is a fit case where judicial intervention is warranted to secure the petitioner’s entitlement, which arises out of payment already made under the legal regime then in force. 6. Accordingly, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; - 6 - HC-KAR NC: 2025:KHC:25081 WP No. 22989 of 2024 (ii) The impugned endorsement dated 12.07.2024 issued by the respondent No.3 vide Annexure-D is quashed and set aside; (iii) Respondent No.3 is hereby directed to issue E-katha and katha extract in respect of site No.29, katha/assessment No.2163/BC-29 measuring East to West 30 feet and North to South 51 feet, situated at Gowramma Badavane, Holalkere Town. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1