Petitioners sought directions to the Channapatna City Municipal Council to enter their names in e-Khatha for sites in IDSMT Layout. The Council agreed to issue e-Khata for most petitioners and sought documents for others; the Court directed issuance and consideration of remaining claims on production of documents.
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:52111 WP No. 8311 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 8311 OF 2024 (LB-RES)
BETWEEN:
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
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NO. R/15, DAHIRA MOHALLA, C.M.C. LAY-OUT
TALUK CHANNAPATNA. RAMANAGARA- 562160.
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C.H.B.S. LAY-OUT, VIJAYANAGARA, BANGALORE-560040.
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AGE 53 YEARS, D. NO. B. 34, SIDDESHWARA NILAYA, C.M.C. LAY-OUT, KANAKA NAGARA TALUK CHANNAPATNA, RAMANAGARA- 562160.
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AGE 52 YEARS, R/O JATTIGARA BEEDI KOTE, TALUK CHANNAPATNA, RAMANAGARA- 562160.
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AGE 60 YEARS, C/O RAJU, C.M.C. LAY-OUT, TALUK CHANNAPATNA, RAMANAGARA- 562160.
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TALUK CHANNAPATNA, RAMANAGARA- 562160.
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TALUK CHANNAPATNA, RAMANAGARA- 562160.
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CHANNAPATNA RAMANAGARA-562160.
…PETITIONERS
(BY SMT.K. VANI., ADVOCATE)
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AND:
…RESPONDENTS
(BY SMT.SPOORTHI V., HCGP FOR R1; SRI. A.V. GANGADHARAPPA, ADVOCATE FOR R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO ENTER THE NAME OF THE PETITIONERS IN E-KHATHA AND ISSUE THE SAME TO THE PETITIONERS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE B M SHYAM PRASAD
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ORAL ORDER
The petitioners assert that they have the benefit of corresponding sale deeds for the respective sites in IDSMT Layout, Mangalwarpet, Channapatna [ the subject property] , and they have filed these petitions for directions to the City Municipal Council, Channapatna, to issue e-Katha for the corresponding property. The second respondent has filed Statement of Objections, and the material part of this statement of objections read as under:
"The names of petitioners No.3, 4, 12, 29, 31, 35, 39, 43, 44, 48, 50, 51, 53, 54, 56, 60, 61, 62, 63, 70, 71 and 72 do not tally with the names maintained in the records of the Municipality. As such, there is no difficulty for the City Municipal Council to effect E-Khatha in the names of petitioners other than those whose names are not found in the records.
As far as petitioners No.3, 4, 12, 29, 31, 35, 39, 43, 44, 48, 50, 51, 53, 54, 56, 60, 61, 62, 63, 70, 71 and 72 are concerned, they are required to produce the necessary documents of title to the Municipality in order to ascertain whether they are entitled to be considered for effecting
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e-Khata in the records of the Municipality and to issue Khata certificates. The documents that are required for verification are (a) original document of title, (b) Encumbrance Certificate, (c) Tax paid receipts, (d) Adhaar Card, (e) Voter ID, (f) PAN Card and other records which are necessary. In case those petitioners produce the above stated documents, the Municipality will consider the request of petitioners and take necessary action."
Sri A V Gangadharappa, the learned counsel for the second respondent, relying upon these statements, submits that the benefit of revenue entries in e-Katha would be extended to all the petitioners except the petitioners as stated above, and insofar as the petitioners mentioned therein, Sri A V Gangadharappa submits that they must produce documents as is mentioned because the second respondent will have to verify the documents as is now available in the records and in the petition do not tally.
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It is obvious from these that the second respondent is willing to issue e-Katha for certain set of petitioners without any further intervention and for certain others, the second respondent would require documents as aforesaid. This Court is of the considered view that the second respondent [ for the petitioners who are not mentioned in the statement of objections ], without any further delay must issue eKatha and insofar as the other petitioners, they must be reserved with liberty to file documents as are now mentioned above with the second respondent within a period of four [4] weeks from the date of receipt of a certified copy of this order directing the second respondent to consider the same and communicate the outcome of such consideration within eight [8] weeks from the date of receipt of the documents.
The petition stands disposed of accordingly.
SD/(B M SHYAM PRASAD) JUDGE
AN/-
1 issue framed by the court
Whether the City Municipal Council, Channapatna must issue e-Khata for the petitioners' sites in IDSMT Layout based on their sale deeds.
1 provisions across 1 enactments
Sri L Shivanna
The State of Karnataka
The City Municipal Commissioner, City Municipal Council, Channapatna
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
