Allowed

Sri Shashidhar S Joshi v. Secretary

Karnataka HC7 Mar 2023WP/32821/2016

Case brief

AI extract

What is this about?

In a writ petition, the petitioner sought issuance of a katha certificate for land purchased in 2015, which remained pending since then. The Karnataka High Court allowed the petition, directed the issuance of katha within four weeks, and mandated an IT module to monitor katha application processing timelines.

What did the court decide?

Issuance of katha certificate within four weeks; establishment of an IT module to monitor katha application processing timelines.

Sri Shashidhar S Joshi Vs Secretary — Property and Title | Karnataka HC (2023)

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1 - WP No. 32821 of 2016

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.32821 OF 2016 (LB-RES)

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BETWEEN:

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SRI SHASHIDHAR S JOSHI S/O SRI. S.M.JOTHI, AGED ABOUT 30 YEARS, OCC: SERVICE, R/O NO.71, 1^ST T C MAIN ROAD, MOOKAMBIKA NAGAR, HOSAKEREHALLI, BANGALORE-560085

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…PETITIONER

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(BY SRI. GANAPATHI S SHASTRI.,ADVOCATE)

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AND:

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Digitally signed by POORNIMA SHIVANNA Location: HIGH COURT OF KARNATAKA

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SECRETARY RURAL DEVELOPMENT AND PANCHAYATH RAJ DEPARTMENT, M.S.BUILDING, BANGALORE-560 001

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PANCHAYATH DEVELOPMENT OFFICER CHIKKANAHALLI VILLAGE PANCHAYATHI, BANGALORE SOUTHTALUK BANGALORE-562130

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…RESPONDENTS

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(BY SRI. SANTOSH KUMAR M.B., HCGP FOR R1; SRI. M.S. DEVARAJU, ADVOCATE FOR R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TO ISSUE KHATA

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WP No. 32821 of 2016

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(KHATA CERTIFICATE AND KHATA EXTRACT) IN THE NAME OF PETITIONER IN RESPECT OF SITE BEARING NO.86, KHATA NO.182/172, FORMED IN RESIDENTIALLY CONVERTED LAND BEARING SY.NO.111/2, MEASURING 1200 SQ.FT. SITUATED AT CHIKKANAHALLI VILLAGE PANCHAYATH, BANGALORE SOUTH TALUK AND ETC.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP , THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioner is before this Court seeking for the

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following reliefs:

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a. Issue writ of mandamus directing the respondent No.2 to issue Khata (Khata Certificate and Khata Extract) in the name of petitioner in respect of site bearing No.86, Khata No.182/172, formed in residentially converted land bearing Sy.No.111/2, measuring 1200 sq.ft. situated at Chikkanahalli Village Panchayath, Bangalore South Taluk.

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b. Issue any appropriate writ, order or direction in the circumstances of the case including an order as to costs, to meet the ends of justice.

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The grievance of the petitioner is that the petitioner being the owner of site bearing No.86, katha No.182/172 formed out of residentially converted land bearing Survey No.111/2 measuring 1200 sq.ft. having purchased the same under sale deed dated 07.01.2015, the land having been converted on

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WP No. 32821 of 2016

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22.12.2022, katha has not been issued to the petitioner despite an application having been made.

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Whenever any application for katha is made, the same is required to be considered and necessary katha be issued within 30 days. Though the petition is pending from the year 2016, no action has been taken by the respondents till date.

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There are several matters which are coming up before this Court as regards non-issuance of katha. This being an extreme example where an application for katha has been pending from the year 2016. On enquiry, it is submitted that the application for change of katha or grant of katha or registration of katha is made on the basis of an application received. There appears to be no particular system which is followed by the authorities concerned as regards the receipt of, processing and finally issuance of the katha. It is therefore required that a proper monitoring system is required to be

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WP No. 32821 of 2016

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established in relation to the applications received for katha transfer or katha registration.

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In view thereof, the Principal Secretary, Revenue Department in association with the Secretary e- Governance are directed to setup an information technology/electronic module wherein the receipt of an application for registration of katha or transfer of katha is captured so also the processing of the said application by different officers is captured indicating the time taken by the each officer and finally the date of issuance of the katha certificate capture indicating the time taken from the date of filing to the date of issuance. Apart from the above data points, if any other data points are required to be captured in the system the same could also be captured and then web hosted on the concerned website or on a website to be created for this purpose.

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In view thereof, I pass the following:

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WP No. 32821 of 2016

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ORDER

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i. The Writ Petition is Allowed.

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ii. A writ of mandamus is issued directing respondent No.2 to issue katha in the name of the petitioner by following the applicable law and if there is any further document required calling upon the petitioner to furnish the same.

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iii. Respondent No.2 shall do the needful within a period of 4 weeks from the date of receipt of copy of this order strictly in accordance with law.

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iv. Though above petition is disposed, re-list on 13.4.2023 for reporting compliance with the above directions.

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Sd/JUDGE

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PRS

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List No.: 2 Sl No.: 15

Sri Shashidhar S Joshi v. Secretary

Case brief

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What did the court decide?

Sri Shashidhar S Joshi v. Secretary

Case brief

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What did the court decide?

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