Petitioner sought e-katha for about four guntas in Survey No.10, Hunsur, and compensation for portions used for a road and auto stand. The court disposed of both petitions: liberty to vindicate title in instituted proceedings, and directions for the Council to examine records, inspect the property and decide on katha issuance.
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.
NC: 2024:KHC:44045 WP No. 8048 of 2022 C/W WP No. 16724 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8048 OF 2022 (LB-RES)
C/W
WRIT PETITION NO. 16724 OF 2022 (LB-RES)
IN WP No. 8048/2022
BETWEEN:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
A. M. BARISA BIBI AGED 60 YEARS, W/O K.H. MIRAN MOHIDDIN MAJOR, T.A.P.C.M.S. ROAD, HUNSUR TOWN-571105 REPTD BY ITS GPA HOLDER HIFZUR RAHMAN SHARIF S/O LATE ILLYAS SHARIFF AGED 41 YEARS, R/AT NO.148, SHABBIR NAGAR, HUNSUR TOWN, MYSORE DISTRICT-571105.
…PETITIONER
(BY SRI. MOHAMMED TAHIR.,ADVOCATE)
AND:
MUNICIPAL COMMISSIONER TOWN MUNICIPAL COUNCIL HUNSUR TALUK MYSORE DISTRICT-571105.
…RESPONDENT
(BY SMT.M.P. GEETHA DEVI., ADVOCATE FOR R1)
NC: 2024:KHC:44045 WP No. 8048 of 2022 C/W WP No. 16724 of 2022
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS TO RESPONDENT TO ACT ON ANNEXURE-J I.E E- KHATA APPLICATION DATED 14/02/2022 IN A CONNECTION OF MUNICIPAL PROPERTY NO.3585 SURVEY NO 10 OF DODDA HUNSUR GARMA KASBA HOBLI HUNSUR TALUK MYSURU DISTRICT EAST TO WEST 150 FEETS IN ONE SIDE AND 40 FEETS IN ANOTHER SIDE AND NORTH TO SOUTH 90 FEETS.
IN WP NO. 16724/2022
BETWEEN:
A M BARISA BIBI AGED ABOUT 60 YEARS W/O K.H MIRAN MOHIDDIN MAJOR, T.A.P.C.M.S ROAD, HUNSUR TOWN 571105 REPRESENTED BY ITS GPA HOLDER HIFZUR RAHMAN SHARIF S/O LATE ILLYAS SHARIFF AGED ABOUT 41 YEARS R/AT NO. 148, SHABBIR NAGAR HUNSUR TOWN MYSORE DISTRICT 571105.
...PETITIONER
(BY SRI. MOHAMMED TAHIR.,ADVOCATE)
AND:
NC: 2024:KHC:44045 WP No. 8048 of 2022 C/W WP No. 16724 of 2022
DC OFFICE, KRISHNARAJA BOULEVARD ROAD, MYSURU DISTRICT MYSURU , KARNATAKA 570001.
MYSORE DISTRICT 571105.
...RESPONDENTS
(BY SMT. CHANDINI S., HCGP FOR R1 & R3; SMT. GEETHADEVI M.P., ADVOCATE FOR R2)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-ISSUE WRIT OF MANDAMUS TO R-1-3 TO ACT ON ANNX-J AND J4 SERIES, I.E., REPRESENTATION OF PETITIONER TO RETURN THE 0.5 1/2 GUNTA LAND OF SCHEDULE PROPERTY WHICH WAS ILLEGALLY ACQUIRE BY THE STATE FOR THE PURPOSE OF PUBLIC ROAD, ALTERNATIVELY, ISSUE WRIT OF MANDAMUS TO EITHER VACATE AND HANDOVER THE ILLEGALLY ACQUIRED LAND TO THE PETITIONER OR COMPENSATE THE PETITIONER BY ALLOTTING SIMILAR VALUE OF LAND WITH THE HUNSUR CORPORATION LIMIT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
ORAL ORDER
The petitioner, who asserts ownership of about 4 guntas in Sy.No.10 of Dodda Hunsur Grama, Kasaba Hobli, Hunsur Taluk, Mysore District [ the Subject Property ], has filed these petitions for direction to the Hunsur City Municipal Council [ Hunsur CMC – the second respondent ] to issue E- katha for the Subject Property and for directions to this respondent and the Deputy Commissioner, Mysuru to pay compensation for a portion of this property. The petitioner contends that a portion of this property is utilized for formation of road and construction of an Autorickshaw stand.
NC: 2024:KHC:44045 WP No. 8048 of 2022 C/W WP No. 16724 of 2022
survey sketch prepared by the Surveyor with the office of the Tahsildar, Hunsur after the orders of this Court in Writ Petition No.3259/2021, contends that:
[a] the petitioner, though entitled for the Subject Property [ about 3 guntas ], is actually in possession of 1 gunta, and
[b] Hunsur CMC cannot refuse to pay compensation for 2 – 3 guntas of land [which is utilized for Road and construction of Auto stand] or refuse E-katha for the extent of 1 gunta only because the petitioner is not able to produce a layout certificate.
The learned counsel canvasses that a Council cannot
insist upon the layout approval when the extent of land is only 4 guntas and portions of this extent are encroached for formation of road and for construction of an Autorickshaw stand.
for the Hunsur CMC, submits that her instructions are that the petitioner is relying upon the title deed for the land which is not the property for which E- katha is sought for, and the learned counsel also submits that in any event the Hunsur CMC will have difficulties in issuing E-katha as the petitioner must, in terms of certain guidelines issued by the State Government, produce all the appropriate documents including approved Layout plan.
NC: 2024:KHC:44045 WP No. 8048 of 2022 C/W WP No. 16724 of 2022
be a request for directions for payment of compensation and not otherwise.
NC: 2024:KHC:44045 WP No. 8048 of 2022 C/W WP No. 16724 of 2022
ORDER
[i] The petition in W.P.No.16724/2022 is disposed of with liberty to the petitioner, subject to all just exceptions in law, to seek vindication of title to the extent of 3 – 4 guntas in Survey No.10 of Dodda Hunsur Grama, Kasaba Hobli, Hunsur Taluk, Mysore District purportedly used for formation of Road and construction of an Autorickshaw stand.
[ii] The petition in W.P.No.8048/2022 is disposed of with liberty to the petitioner to file a representation with the Commissioner, Hunsur CMC along with a certified copy of this order requesting for inspection of the documents and 1 gunta in Survey No.10 of Dodda Hunsur Grama, Kasaba Hobli, Hunsur Taluk, Mysore
District.
SD/(B M SHYAM PRASAD) JUDGE
SA
List No.: 1 Sl No.: 49
2 issues framed by the court
Must the Hunsur CMC act on the petitioner's e-khata application for one gunta in Survey No.10 despite absence of a layout approval?
Is the petitioner entitled to compensation for land allegedly used for a road and autorickshaw stand?
1 provisions across 1 enactments
A. M. Barisa Bibi (reptd by GPA holder Hifzur Rahman Sharif)
Municipal Commissioner, Town Municipal Council, Hunsur
Deputy Commissioner, Mysore District
Municipal Commissioner, City Municipal Council, Hunsur
Project Director, Urban Development
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
