- 1 - HC-KAR NC: 2026:KHC:13577 WP No. 17291 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.17291 OF 2025 (LB-RES) BETWEEN: 1. KUM. SUMITHRA D/O. LATE KESHAVAIAH, AGED ABOUT 60 YEARS, R/AT HOUSE NO.3-78, JODUKATTE, MEEYARU, KARKALA TALUK, UDUPI DISTRICT - 574 107. 2. KUM. PRABHAVATHI D/O. LATE KESHAVAIAH, AGED ABOUT 53 YEARS, R/AT HOUSE NO.3-78, JODUKATTE, MEEYARU, KARKALA TALUK, UDUPI DISTRICT-574 107. 3. SMT. SAROJINI SHARMA D/O. LATE KESHAVAIAH, W/O. DR. MURALIDHARA SHARMA AGED ABOUT 58 YEARS, R/AT HOUSE NO.8-1-47 SUDHEENDRA MANTAPA MARGA, KANJIBETTU, UDUPI - 574 102. …PETITIONERS (BY SRI. SONTHA VENKATESHWARA BABU, ADVOCATE) Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13577 WP No. 17291 of 2025 AND: 1. THE TOWN PLANNING AUTHORITIES (T.P.A.) RAJATHADRI UDUPI - 576 104 REP. BY ITS ASSISTANT DIRECTOR. 2. THE CHIEF OFFICER TOWN MUNICIPALITY, KARKALA TALUK, UDUPI DISTRICT - 574 104. …RESPONDENTS (BY SMT. SPOORTHI V., HCGP FOR R.1; SRI. V.R. PRASANNA, ADVOCATE FOR R.2.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT BEARING NO.KAPUSA:BHUPA::CR:64/2024-25 DATED 29.07.2024 AT ANNEXURE-A ISSUED BY THE RESPONDENT NO.2, WITH RESPECT TO LAND BEARING SY.NO.177/3A1 MEASURING 0.15.08 ACRES SITUATED AT KARKALA VILLAGE AND TALUK, UDUPI DISTRICT, 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 - 3 - HC-KAR NC: 2026:KHC:13577 WP No. 17291 of 2025 ORAL ORDER 1. The petitioners being the owners of a property, which is the subject matter of the writ petition, requested the authorities concerned to issue a Khata in their favour. However, the same has been rejected by an endorsement dated 29.07.2024 vide Annexure-A to the writ petition, which has been issued by respondent No.2. 2. In the said endorsement, the authority after perusal of the documents has stated that the said property has been ordered to be converted for non-agricultural purposes. Thereafter, the property has been sub-divided illegally and an application is made for issuance of layout plan for the sub-divided land to an extent of 0.15.08 acres. The said authority has not considered the said application on the ground that the layout plan would be issued only if a request is made for the entire land or sub-divided land under Akrama-Sakrama scheme. 3. No doubt, the authorities concerned can regulate the manner to which the land can be put to use in accordance with law. However, an individual is entitled to obtain Khata in - 4 - HC-KAR NC: 2026:KHC:13577 WP No. 17291 of 2025 respect of his property. The respondents have failed to show the provision of law which prohibits them from issuing such a Khata to the petitioner. For that reason, the endorsement is liable to be quashed. 4. Hence, the following: ORDER (i) The endorsement dated 29.07.2024 issued by respondent No.2 vide Annexure-A to the writ petition stands quashed; (ii) Respondent no.2 is directed to consider the request of the petitioner and issue Khatha to him in accordance with law; (iii) However, it is hereby clarified that if the petitioners want to make any developments on the property concerned, they have to do so only after obtaining the necessary sanctioned plan and not otherwise. SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 90