Advertisement
What really powers the cloud? Behind every Google search, A...
A lot of what defines a home isn’t visible at handover. I...
Private equity has played a significant role in shaping Indi...
Luxury real estate is one of the most talked-about segments ...
Airports play a much bigger role than just enabling travel -...
The Dharwad High Court recently ruled in favour of Srinivas Bheemanna Menadal, a resident of Koppal, who had filed a petition challenging the Koppal Municipal Council's refusal to transfer a property khata from his deceased wife's name to his. The council had denied the request citing the absence of town planning authority approval for the layout. Menadal argued that the rejection was unlawful, supported by a High Court judgment that had previously ruled that khata registration cannot be denied based on layout maintenance concerns. The court agreed, revoking the council's decision and setting a four-week deadline for the transfer to be completed.
The Dharwad High Court overturned the Koppal Municipal Council's decision to refuse the transfer of a site from the name of a deceased wife to her husband. The council had denied the request because the layout lacked approval from the town planning department. Srinivas Bheemanna Menadal, a Koppal resident, filed a petition (WP-105358) under Articles 226 and 227 of the Constitution, asking the court to invalidate the Koppal City Municipal Council's endorsement issued on August 16, 2024. He sought a writ of mandamus to facilitate the khata transfer for his plot (Municipal MB No.9-7-680/762), located near Basaveshwar Circle in Koppal. Advertisement
Menadal had purchased the plot in his wife's name through a registered sale deed on December 13, 2006, from Chandsab Kavalur. After his wife's passing on November 15, 2023, Menadal attempted to transfer the khata to his name, providing tax payment evidence. However, his request was rejected by the municipal commissioner on August 16, 2024, on the grounds that the layout did not have town planning approval.
Arguing that this rejection was arbitrary and unlawful, Menadal cited a previous High Court ruling in the case of B Kemparaju vs Bengaluru Development Authority (Writ Petition No.18671/2022, dated July 11, 2023), where the court had ruled that khata registration could not be denied due to concerns over layout maintenance. The petitioner claimed this ruling was directly applicable to his case.
The municipal commissioner defended the rejection by referring to government circulars dated March 22, 2017, and January 5, 2018, which stated that properties without the necessary planning authority approval were ineligible for khata issuance. The commissioner argued that Menadal's plot fell into this category, and the council had the right to reject the request based on these guidelines.
However, Menadal argued that the ruling in B Kemparaju's case had clarified that khata registration should not be refused due to layout issues or civic area concerns, which should be dealt with through separate legal channels. The commissioner contended that the judgment only applied to layouts approved by the Bengaluru Development Authority (BDA) and not private layouts like Menadal's.
After considering the arguments, Judge Pradeep Singh Yerur stated that the court found no justifiable reason for the council to reject the khata transfer. The judge accepted the petition and cancelled the council's endorsement. Menadal was granted a four-week deadline to complete the khata change. Santosh B Malligawad represented the petitioner, while RK Kulkarni appeared for the respondent.
The recent ruling by the Dharwad High Court has set a significant precedent in property transfer cases involving layouts lacking town planning authority approval. By overturning the Koppal Municipal Council's refusal to transfer the khata, the court highlighted that such rejections could not be based solely on layout maintenance or approval concerns. The decision ensures that property owners can exercise their legal right to transfer khatas, even in the absence of town planning clearance, as long as other criteria such as tax payments are met. The council has been directed to complete the transfer within four weeks, marking a win for Menadal and potentially influencing future cases with similar circumstances.
Advertisement
Facebook
Whatsapp
