Smt Hemavathi T S v. the Chief Officer
Municipal katha entry – measurement of 70x34' recorded continuously since 1995-96
Case brief
What is this about?
Keywords: katha/khata entry; municipal record; prima facie entitlement of kathedar; measurement 70x34'; unauthorized construction notice; removal notice quashed; unilateral correction of municipal records barred; Town Municipal Council Sakaleshpur; Hassan district; Articles 226 and 227 Constitution of India; sanction plan deviation; N S Sanjay Gowda J. Useful for advocates resisting municipal notices that question long-standing katha measurements or direct demolition/removal without adjudicating the kathedar's entitlement, and for the scope of municipal action limited to deviations from a sanctioned plan.
What did the court decide?
Writ petition allowed; impugned notice/order dated 01.12.2023 (Annexure-H) quashed; entry of petitioner's property as 70x34' to continue in revenue records; liberty reserved to the Municipal Council to act only on deviations from a sanctioned plan, if any; pending interlocutory applications disposed of.