H. C. SURESH v. STATE OF KARNATAKA

(BY SRI.BOPANNA BELLIAPPA, AGA FOR R1 AND R2; …RESPONDENTS - 2 - NC: 2026:KHC:8170 WP No. 79 of 2026 HC-KAR SRI.B.K.MANJUNATH, ADVOCATE FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION, IN THE NATURE OF WRIT, SETTING ASIDE THE ENDORSEMENT R-3 NO.PU.HO.KHAM.SHA.C.R.2025-26 DTD. 12.06.2025 VIDE ANNEXURE-K TO THIS WRIT PETITION IN THE INTEREST OF JUSTICE AND EQUITY. ISSUED THE BY 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

1. The petitioner is before this Court seeking for the ORAL ORDER following reliefs: a) Issue writ of Certiorari or any other writ or order or in the nature of writ, setting aside the direction, 3rd endorsement respondentNo.PU.HO.KHAM.Sha.C.R. 12.06.2025vide Annexure-K to this Writ Petition in the interest of justice and equity. 2025-26 issued b) Issue writ of Mandamus or any other writ or order or direction, in the nature of writ, directing the 3rd respondent to issue 11-A e-katha in respect of site bearing No.54 assessment No.1900/F-54 and site No.55 assessment No.1900/F-55 both measuring east to west 25 feet north to south 45 feet situated at Basava Layout, Holalkere Town in the interest of justice and equity. - 3 - NC: 2026:KHC:8170 WP No. 79 of 2026 HC-KAR

2. The petitioner purchased two sites bearing No.54, assessment No.1900/F-54 and No.55 Assessment No.1900/F-55 from on K.N.Mahalingappa-respondent No.3 and when an application filed with respondent No.3 for issuance of 11-A e-katha, the same was rejected vide endorsement dated 12.06.2025 on the ground that the layout in which the sites situate is an unauthorized layout and hence, only B-katha could be issued in respect of the said property. Aggrieved by the same the petitioner is before this Court seeking the aforesaid reliefs.

3. The contention of learned counsel for the petitioner is that the petitioner's property earlier had a 'A' Khata and therefore,'A' Khata has to be issued and not a 'B' Khata.

4. A perusal of the documents indicates that the earlier 'A' Khata was issued in respect of the entire vacant property in which now a layout has been formed without a sanctioned layout plan and the petitioner has put up construction without making payment of betterment charges.

5. Learned counselfor the petitioner relies on Annexure-G and Annexure-H being the Self Assessment System (SAS) - 4 - NC: 2026:KHC:8170 WP No. 79 of 2026 HC-KAR forms to contend that since the tax has been paid by self- assessment scheme, 'A' Khata has to be issued to the property of the petitioner.

6. I am unable to agree with the submission of the counsel for the petitioner for the following reasons: i) Firstly, for the reason that there is no layout plan which has been sanctioned. ii) Secondly, for the reason that a SAS form having been filed by the petitioner does not amount to a Khata being issued by the concerned authorities. iii) Thirdly, for the reason that no betterment charges have been paid.

7. In the present case, it is not in dispute that the layout in question has been formed without obtaining the requisite approval or sanction of the layout plan from the competent authority. Formation of layouts is regulated by the applicable planning statutes and municipal laws, which require a landowner or developer to obtain prior approval of the layout plan, comply with zoning regulations, provide for civic amenities, roads, drainage and other infrastructural requirements, and thereafter - 5 - NC: 2026:KHC:8170 WP No. 79 of 2026 HC-KAR recognition local authority. These requirements are not merely procedural in nature but are intended to ensure orderly development of urban and semi-urban areas, protection of public infrastructure, and compliance with planning norms.

8. When a layout is formed in violation of such statutory requirements, the local authority cannot be compelled to treat such property on par with properties formed in accordance with law. The issuance of ‘A’ Khata is not a matter of right in such cases. ‘A’ Khata is ordinarily issued in respect of properties which have been formed and developed in conformity with the applicable statutory provisions, planning permissions and municipal regulations. Therefore, unless the formation of the layout itself is in accordance with law, the petitioner cannot seek a direction from this Court for issuance of ‘A’ Khata.

9. If this Court were to issue directions for grant of ‘A’ Khata in respect of layouts which have been formed without obtaining the required approvals, it would effectively place persons who have not complied with the statutory requirements on the same footing as those who have - 6 - NC: 2026:KHC:8170 WP No. 79 of 2026 HC-KAR strictly adhered to the law. Such a course would undermine the regulatory framework governing urban planning and development and would encourage unauthorized formation of layouts. The Court cannot issue directions which would indirectly legitimize or regularize an act which is otherwise contrary to the statutory scheme.

10. The planning laws and municipal regulations are intended to maintain discipline in land development and ensure that public amenities, road access, drainage systems and other civic requirements are duly provided for. Permitting issuance of ‘A’ Khata without insisting upon compliance with these requirements would defeat the very purpose of the statutory framework and may also adversely affect public interest.

11. Therefore, the entitlement to obtain ‘A’ Khata must necessarily be preceded by compliance with applicable statutory provisions regulatory requirements governing formation of layouts. Unless such compliance is established, no direction can be issued to - 7 - NC: 2026:KHC:8170 WP No. 79 of 2026 HC-KAR the municipal or local authority to recognize the property by issuing ‘A’ Khata.

12. However, it is made clear that if the petitioner is able to comply with the applicable legal requirements and obtain the necessary approvals or regularization in accordance with law, it would always be open to the petitioner to approach the competent authorities seeking issuance of ‘A’ Khata. If such an application is made after complying with the statutory requirements, the concerned authority shall consider the same in accordance with law and take an appropriate decision.

13. With the above observation, the petition stands disposed. Sd/- (SURAJ GOVINDARAJ) JUDGE LN List No.: 1 Sl No.: 32