High Court quashed an order rejecting an e-katha application for a property with an existing manual katha. It directed the municipality to issue the e-katha and extract within four weeks.
The impugned order dated 12.5.2022 is quashed. Respondents directed to issue e-katha and extract within four weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 14253 OF 2022 (LB-RES)
BETWEEN:
SMT. G. NIRMALA W/O MURALIDHARA.A.S AGED 48 YEARS RESIDING AT BANASHANKARI ROAD MALLADIHALI, HOLLAKERE CHITRDURGA DISTRICT-577531
…PETITIONER
(BY SRI. VINAY SWAMY.C, ADVOCATE)
AND:
Digitally signed by POORNIMA SHIVANNA
Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. SANTOSH KUMAR.M.B, ADVOCATE FOR R1; SRI. B.K. MANJUNATH, ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF CERTIORARI OR SUCH OTHER WRIT ORDER SETTING ASIDE ANNEXURE-A PASSED BY THE RESPONDENT NO.2 DATED 12.5.2022 IN PU.HO.KAM,SHA,CR/2022-23 AND FURTHER DIRECT THE RESPONDENTS 2 TO ISSUE E-KHATHA CERTIFICATE AND E KHATH EXTRACT IN THE NAME OF PETITIONER IN RESPECT OF SITE NO.18, MEASURING 1,560 SQ.FT, ASSESSMENT NO.1900/G18 TOGETHER WITH BUILDING CONSTRUCTED THERE ON SITUATED AT RUDHRAMURTHY EXTENSION, 5TH WARD HOLALKERE.
WP No. 14253 of 2022
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
WP No. 14253 of 2022
petitioner intended to sell the said property the purchaser requesting for an e-katha on account of insistence of the sub-registrar for e-katha and e-katha extract for the purpose of registration, the petitioner had approached the respondent No.2 for issuance of the e-katha which came to be rejected by the impugned order at Annexure-A on 12.5.2022.
WP No. 14253 of 2022
ORDER
Sd/JUDGE
SR List No.: 1 Sl No.: 73
2 issues framed by the court
Whether the order rejecting the application for e-katha certificate should be set aside and the authorities directed to issue it.
Whether a prospective memorandum dated 5.1.2018 can justify rejecting an e-katha application for a property where a manual katha was issued in 2016.
1 provisions across 1 enactments
Smt. G. Nirmala
State of Karnataka Urban Development Department
Holalkere Town Municipality
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
