IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.31235 OF 2024 (LB-RES)

BETWEEN:

V S BASAVARAJAPPA S/O V.M SHIVALINGAPPA, AGED ABOUT 56 YEARS, R/O R. NULENURU VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK, CHITRADURGA DISTRICT - 577 526, …PETITIONER (BY SRI. R. SHASHIDHARA, ADVOCATE)

AND:

Digitally signed

1. STATE OF KARNATAKA by SHWETHA RAGHAVEN DRA URBAN DEVELOPMENT DEPARTMENT, Location: HIGH REPRESENTED BY ITS SECRETARY, COURT OF VIDHANA SOUDHA, KARNATAKA BENGALURU - 01, 2. THE DIRECTOR, DEPARTMENT OF MUNICIPAL ADMINISTRATION, V.V. TOWERS, BENGALURU - 560 001, 3. HOLALKERE TOWN MUNICIPALITY, REPRESENTED BY CHIEF OFFICER, HOLALKERE TOWN, CHITRADURGA DISTRICT - 577 526, …RESPONDENTS (BY SMT. SPOORTHI.V, HCGP FOR R1 AND R2;

SRI. B.K. MANJUNATH ADVOCATE FOR R3)

THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SETTING ASIDE THE ENDORSEMENT ISSUED BY THE R3 IN NO. PU.HO.KHA.VI.C.R.256.2024-25 DATED 26-08-2024 VIDE ANNEXURE-J, AND DIRECTING THE R3 TO ISSUE E KATHA AND KATHA EXTRACT IN RESPECT OF SITE NO. B12KHATA NO. 2313/2290 ASSESSMENT NO. 1900/CB12 MEASURING EAST TO WEST 26 FEET NORTH TO SOUTH 38 FEET SITUATED AT SYED BUSHEER LAYOUT, HOLALKERE TOWN.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. The petitioner is before this Court seeking for the following reliefs:

a) Issue writ of Certiorari or any other writ or order or direction, in the nature of writ, setting aside the endorsements issued by the 3 ^ (rd) respondent in No.PU.HO.KHA.VI.C.R:256:2024-25 dated 26.08.2024 vide Annexure-J, to this Writ Petition in the interest of justice and equity.

b) Issue writ of Mandamus or any other writ or order or direction, in the nature of writ, directing the 3 ^ (rd) respondent to issue e-

katha and katha extract in respect of site No.B-12 Khata No.2313:2290 Assessment No.1900/CB12 measuring east to west 26 feet north to south 38 feet situated at Syed Busheer Layout, Holalkere Town, in the interest of justice and equity.

2. The petitioner claims to be the purchaser and owner of Site No. B-12, bearing Khata No. 2313:2290, Assessment No. 1900/CB12, situated at Syed Busheer Layout, Holalkere Town. A manual khata was issued in favour of the petitioner on 28.01.2004. Pursuant thereto, the petitioner applied for permission to construct a building, which was granted by way of a building licence dated 28.01.2004, and construction was carried out in accordance with the said licence. The petitioner asserts that ever since, property tax and other municipal levies have been regularly paid in respect of the said property.

3. On 21.08.2024, the petitioner submitted an application seeking issuance of an e-khata in respect of the aforesaid property. The said application came to be rejected by an endorsement dated 26.08.2024, on the ground that e-khata could not be issued in respect of a property forming part of a layout which had not been duly sanctioned by the competent authority / or without an approved layout plan. Aggrieved by the said endorsement, the petitioner has approached this Court.

4. Notice having been issued, the respondents have entered appearance and are represented through learned counsel.

5. Learned counsel for the respondents submits that though the endorsement impugned is dated 26.08.2024, a subsequent statutory development has intervened. It is contended that with effect from 21.09.2024, the Karnataka Municipalities Act, 1964 and the Karnataka Municipal Corporations Act, 1976 stand amended by the Karnataka Municipalities and Certain Other Laws (Amendment) Act, 2024, which has a direct bearing on the issuance of khata / e- khata in respect of properties situated in unapproved layouts.

6. In pursuance thereto, by way of amendment to Section 106 of the Karnataka Municipalities Act, 1964, an amendment has been