Writ petition filed by a layout plan approver seeking issuance of e-katha. High Court dismissed the petition finding no infirmity in the rejection endorsement unless plan sanction is obtained from the planning authority first.
Outright dismissal of the writ petition; liberty reserved to approach planning authority first.
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 10TH DAY OF APRIL, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 19357 OF 2016 (LB-RES)
BETWEEN:
S R AMARESH AGED ABOUT 38 YEARS, S/O S M RAMESH, R/AT NEAR K.E.B. QUARTERS, SARJAPURA VILLAGE & HOBLI, ANEKAL TALUK BENGALURU DISTRICT-562125.
…PETITIONER
(BY SRI. SHIVARAJU M K.,ADVOCATE)
AND:
Digitally signed by NARAYANAPPA LAKSHMAMMA Location: HIGH COURT OF KARNATAKA
…RESPONDENTS (BY SRI. M.S. PRAKASH., ADVOCATE FOR R2; SRI. SANTOSH KUMAR M.B., HCGP FR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER OR ORDERS IN THE NATURE OF CERTIORARI, QUASHING THE ENDORSEMENT DATED 21.03.2016 UNDER ANNEX-H ISSUED BY R-2 REFUSING TO ISSUE E-KATHA IN RESPECT OF SITES NO.1 TO 44 (KATHA / ASSESSMENT NO.1423/1 AND 1423/44) (EXCEPT SITES
WP No. 19357 of 2016
NO.16, 30 AND 31) FORMED IN SY.NO.322/1 OF SARJAPURA VILLAGE AND HOBLI, ANEKAL TALUK, BANGALORE URBAN DISTRICT, BY HOLDING THAT AS THE SAME IS OPPOSED TO LAW AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
WP No. 19357 of 2016
Urban District, consisting of 44 sites having assessment number of 1423/1 to 1423/44. The e-katha relating to the said property not being furnished and vide endorsement at Annexure-H the application has been rejected on the ground that the Government Order dated 14.6.2013 has not been complied with.
WP No. 19357 of 2016
find any infirmity in the endorsement dated 21.3.2016 at Annexure-H, hence I pass the
following;
ORDER
Sd/JUDGE
SR
List No.: 1 Sl No.: 60
3 issues framed by the court
Whether the writ petition seeking issuance of e-katha despite lack of planning authority sanction can be allowed.
Whether the endorsement rejecting the application for e-katha as opposed to law is infirm.
Whether the petitioner can approach the local planning authority first to obtain plan sanction.
2 provisions across 2 enactments
S R Amareesh
State of Karnataka
The Panchayat Development Officer/Secretary, Sarjapura Grama Panchayati
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
