Writ Petition No. 23982 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 23982 OF 2024 (LB-BMP) C/W WRIT PETITION NO. 23960 OF 2024 (LB-BMP) IN WP No. 23982/2024 BETWEEN: SMT. ANITHA .J W/O M.R. JANAKIRAM AGED ABOUT 39 YEARS R/A GOKULA HOUSE GOKULA MAIN BUILDING GOKUL EXTENSION, MSRIT BANGALORE-560054. …PETITIONER
Legal Reasoning
(BY SRI. H.S. SANTHOSH, ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA AND: 1. THE COMMISSIONER THE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) NR SQUARE, BANGALORE-560002. 2. THE ASSISTANT REVENUE OFFICER HEBBALA SUB DIVISION MUNIREDDYPALYA MAIN ROAD BANGALORE-560094. (BY SRI. KARTHIKEYAN .B.S, ADVOCATE) …RESPONDENTS - 2 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED REVISED DEMAND NOTICE DATED 11.07.2024 BEARING NO. SAKOMA(HEBBALA) W19/K.T.R/116/2024-25 VIDE ANNEXURE-A AND ETC. IN WP NO. 23960/2024 BETWEEN: M.R. JANAKIRAM S/O M.S. RAMAIAH AGED ABOUT 43 YEARS R/A GOKULA HOUSE, GOKULA MAIN BUILDING GOKUL EXTENSION, MSRIT BANGALORE-560054. ...PETITIONER (BY SRI. H.S. SANTHOSH, ADVOCATE) AND: 1. THE COMMISSIONER THE BRUHAT BENGALURU MAHANAGARA PALIKE (BBMP) NR SQUARE, BANGALORE-560002. 2. THE ASSISTANT REVENUE OFFICER HEBBALA SUB DIVISION MUNIREDDYPALYA MAIN ROAD BANGALORE-560094. ...RESPONDENTS (BY SRI. MALLIKARJUN REDDY .K.S, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED REVISED DEMAND NOTICE DATED 11.07.2024 BEARING NO. SAKOMA (HEBBALA) W19/KTR/115/2024-25 VIDE ANNEXURE-A AND ETC. - 3 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM COMMON ORAL ORDER The petitioners, in both captioned writ petitions, are aggrieved by the endorsements issued by respondent No.2- Assistant Revenue Officer of BBMP. By the impugned endorsements, the Authority has declined to issue A-kathas having noticed that the petitioners have purchased revenue sites. The said endorsements are under challenge. 2. Heard learned counsel appearing for the petitioners and learned Standing Counsel appearing for the respondents. 3. The petitioners, admittedly, have purchased a revenue site out of Sy. Nos.29, 30/2 and 37/1 of Geddalahalli Village, Kasaba Hobli, Bengaluru North Taluk measuring East to West 65 feet and North to South 39 feet in all measuring 2535 square feets vide registered sale - 4 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR deed dated 20.03.2023. Though petitioners' names are rightly registered in Form No.B Property Register Extract maintained by respondent No.1 - BBMP, the petitioners submitted representations to respondent No.1 to register A-katha in their names and issue a Katha Certificate in respect of the land bearing Sy. No.107 carved out of the above said survey numbers. Respondent No.2 has declined to entertain the said representations citing a 2014 Circular. 4. Learned counsel appearing for the respondents has brought to the notice of this Court that BBMP has issued a fresh Circular dated 03.10.2024. In the said Circular, the BBMP has clearly indicated that no kathas will be issued in respect of the revenue sites and they have to be maintained in the B-Register. 5. This Court has carefully examined the contentions urged by the petitioners as well as the materials placed on record. It is not in dispute that the petitioners have - 5 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR purchased sites carved out of revenue lands which have neither been converted for non-agricultural use under the provisions of the Karnataka Land Revenue Act, 1964, nor are the sites part of any layout approved by a competent planning authority in accordance with law. In this backdrop, the claim of the petitioners seeking issuance of A-Katha in respect of such sites cannot be accepted. 6. The issuance of an A-Katha by the Bruhat Bengaluru Mahanagara Palike (BBMP) is governed by statutory provisions and regulatory norms, which mandate that such entries can be effected only in respect of properties situated on duly converted land and in layouts approved by competent planning authorities such as the BDA, BMRDA, or other notified planning bodies. The purchase of sites carved out of unconverted agricultural lands is in clear contravention of the Karnataka Land Revenue Act. Such transactions do not confer any legal right upon the petitioners to claim or demand the issuance of A-Katha entries from the municipal authorities. - 6 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR 7. Moreover, this Court finds that the endorsements issued by respondent No.2 – BBMP, declining the request for issuance of A-Katha, are in strict conformity with the Circular dated 03.10.2024 issued by respondent No.1 – BBMP. The said Circular reiterates the position that A- Katha cannot be granted in respect of revenue sites formed on unconverted land or in unapproved layouts. The endorsements issued to the petitioners, a copy of which is produced at Annexure-A, are found to be in accordance with the said Circular and the governing legal framework. As such, this Court finds no reason to interfere with the said endorsements under Article 226 of the Constitution of India. 8. In view of the foregoing discussion, this Court is of the opinion that the petitioners, having purchased revenue sites and therefore, in violation of statutory provisions, cannot claim any vested right for issuance of A-Katha. Since the authorities have already issued B-Katha entries in favour of the petitioners, no further - 7 - NC: 2025:KHC:19583 WP No. 23982 of 2024 C/W WP No. 23960 of 2024 HC-KAR indulgence is warranted. The reliefs sought in these writ petitions are devoid of legal merit and do not call for any interference by this Court.
Decision
Accordingly, the writ petitions stand dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 3