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2025 DAILYLAW 77103 (KAR)

SRI B T NAGENDRA KUMAR v. THE STATE OF KARNATAKA

WP/32197/2024 · 2025-08-11

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31191 WP No. 32197 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO. 32197 OF 2024 (LB-RES) BETWEEN: 1. SRI B T NAGENDRA KUMAR AGED ABOUT 53 YEARS, S/O LATE B L THIMMAIAH, RESIDING AT NO.474, 14TH BLOCK, NAGHARABHAVI 2ND PHASE, BENGALURU - 560 072. …PETITIONER (BY SRI. N.S. SHESHADRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA URBAN DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, M/S BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT, RAMANAGARA 571 511. 3. THE CHENNAPATNA CITY MUNICIPAL COUNCIL REPRESENTED BY ITS COMMISSIONER, CHANNAPATNA-562 160 RAMANAGARA DISTRICT. …RESPONDENTS Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31191 WP No. 32197 of 2024 (BY SRI.H.K. KENCHEGOWDA, AGA FOR R.1 & R.2; SRI A.V. GANGADHARAPPA, ADVOCATE FOR R.3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 29.07.2024, VIDE ITS LETTER BEARING NO.NASACHA/KAM.SHA/ CR/158/2018-19, AT ANNEXURE-G, ISSUED BY RESPONDENT NO.3, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner claiming to be the owner of Site No.A- 11, Katha No.1940, measuring 18x12 mtrs situated at Mangalavarapete, Channapatna Taluk, has made a request to respondent No.3 - Chennapatna City Municipal Council for issuance of 'E' Katha in respect of his property. However, the same was rejected on the ground that there was a lokayukta enquiry in respect of distribution of sites - 3 - HC-KAR NC: 2025:KHC:31191 WP No. 32197 of 2024 in the layout where the petitioner's land is situated. Aggrieved by the same, the present writ petition is filed with a prayer to set aside the impugned endorsement and to direct respondent No.3 to issue the necessary 'E' Katha. 2. Learned counsel appearing for respondent No.3 upon instructions submits that pursuant to Lokayukta enquiry, a report also has been received and further submits that irrespective of issuance of the impugned endorsement at Annexure-'G' to the writ petition which is dated 29.07.2024, if the petitioner were to make a fresh application and produce all the relevant documents, the case of the petitioner will be considered in accordance with law and same will not be rejected on the ground that lokayukta is seized of the matter. 3. His submission is placed on record. Hence, the following:- - 4 - HC-KAR NC: 2025:KHC:31191 WP No. 32197 of 2024 ORDER i. Liberty is granted to the petitioner to make a fresh application to respondent No.3 for issuance of 'E' katha in respect of his site along with all the necessary particulars. ii. Upon receipt of the said application, the case of the petitioner will be considered in accordance with law and appropriate orders will be passed within a period of three months thereafter. iii. The writ petition is disposed of accordingly. iv. Pending interlocutory applications, if any, stand disposed of. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 67