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2023 Supreme(Online)(Kar) 32526
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JUNE, 2023 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 15738 OF 2021 (LB-RES)
BETWEEN:
SRI MADAIAH M D AGE 73 YEARS S/O LATE SRI ADIGOWDANA HUCHAIAH R/AT WARD NO.6 NEAR OLD COURT ROAD N E S LAYOUT MALAVALLI TOWN MANDYA TOWN 571 430 …PETITIONER (BY SRI. LANKESH L., ADVOCATE)
AND:
Digitally signed
1. THE STATE OF KARNATAKA by JUANITA THEJESWINI URBAN DEVELOPMENT DEPT., Location: HIGH COURT OF BY ITS SECRETARY KARNATAKA VIDHANASOUDHA BENAGLURU 560 001
2. THE DIRECTOR DIRECTORATE OF MUNICIPAL ADMINISTRATION AMBEDKAR ROAD
9TH AND 10TH FLOOR VISHVESHWARAIAH TOWER BENAGLURU 560 001
3. THE DISTRICT COMMISSIONER MANDYA DISTRICT MANDYA 571 401
4. THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL MALAVALLI TOWN MANDYA DISTRICT 571 430 …RESPONDENTS (BY SRI. NITHYANANDA K.R., AGA FOR R1 TO R3 SRI. G.M. ANANDA., ADVOCATE FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITTUTION OF INDIA PRAYING TO DIRECT THE R-4 TO AFFECT KATHA TO ALL 11 SITES FORMED IN CONVERTED LAND BEARING SY.NO.666/2B, MEASURING 0.17 GUNTAS, SITUATED AT MALAVALLI TOWN, MANDYA DISTRICT, COMING WITHIN THE LIMIT OF MALAVALLI MUNICIPAL (CONVERTED FROM AGRICULTURAL PURPOSE TO NON- AGRICULTURAL RESIDENTIAL PURPOSE VIDE ALN CR 205/94-
95 DTD 24.05.1995) VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The grievance of the petitioner is that although the katha in respect of the residential site was made out in the name of the petitioner earlier with the Town Municipal Council, Malavalli, nevertheless subsequently it was cancelled by the Deputy Commissioner in terms of the impugned order at Annexure-L dated 07.01.2020. Thereafter, the petitioner once again approached the Town Municipal Council seeking registration of the katha on the ground that the sites were formed in an extent of 17 guntas of land after the same was converted by the Deputy Commissioner in terms of the Section 95 of the Karnataka Land Revenue Act, 1964.
2. Per contra, learned counsel for the respondent -
Town Municipal Council submits that although the katha was registered in the name of the petitioner in respect of individual sites, nevertheless the Deputy Commissioner directed cancellation of the katha taking note of the circular issued by the State Government. It is submitted that the State Government found that many such unauthorised layouts were formed and are being formed and local bodies have been registering kathas in respect of individual sites which were not approved by the competent authority. Therefore, all the local bodies were directed to cancel the kathas registered in respect of individual sites formed in unauthorized layout.
3. Having regard to the submissions made by the learned counsels, this Court is of the considered opinion that the petitioner cannot seek registration of katha at the hands of the 4th respondent - Town Municipal Council, Malavalli, unless the Town Planning Authority grants approval to the layout. If it is permissible in law for the Town Planning Authority to consider post facto grant of approval, then the planning authority may consider such application which could be filed by the petitioner or the owner of the lands in which residential sites were carved out. As and when approval is granted by the Town Planning authority, the petitioner may approach the Town Municipal Council for registration of kahta.
Ordered accordingly.
