The Writ Petition (WP 31014/2024), filed as a Public Interest Litigation (PIL) before the Honorable High Court of Karnataka, seeks to address critical issues concerning the mandatory implementation of e-Aasthi Khata for property registration. This petition has raised significant concerns among property owners and stakeholders in Karnataka, as it challenges the circular issued by the Stamps and Registration Department and aims to bring transparency and efficiency to property-related processes.
Case Details
Case Number: WP 31014/2024 (KAHC010655362024)
Petitioner: Gowrishankar S (Party-in-Person)
Respondent: The State of Karnataka
Date of Filing: 12/11/2024
Judge: Chief Justice and K. V. Aravind
Last Action Taken: Adjourned on 13/12/2024
Next Hearing Date: 03/02/2025
Key Prayers in the Petition
1. Declaration of the Circular as Void
The petitioner has requested the court to declare the circular issued by the Stamps and Registration Department as void, specifically to the extent that it mandates the use of e-Aasthi Khata for property registration. The petitioner argues that such a mandate should only be enforced after the Bruhat Bengaluru Mahanagara Palike (BBMP) confirms the issuance of e-Aasthi for all existing properties and establishes a time-bound process for new registrations and amendments.
2. Allow Registration Without e-Aasthi or e-Swathu
The petition proposes the creation of categories allowing property registration without e-Aasthi or e-Swathu, based on self-declaration. This provision would apply in cases where:
e-Aasthi or e-Swathu is not yet enabled.
Applications have been submitted but the requisite documents are pending.
Valid alternative property documents are available.
3. Transparent and Streamlined Application Process
The petitioner seeks a directive to the Urban Development Department to establish a streamlined and transparent process for obtaining e-Swathu and e-Aasthi documents. The goal is to ensure property owners receive these documents within stipulated timelines, avoiding undue delays.
4. Inclusion Under the Sakala Act
A significant prayer in the petition is to bring the services for obtaining e-Swathu and e-Aasthi under the purview of the Sakala Act. This would ensure time-bound delivery of these services and mitigate delays in the property registration process.
5. Public Awareness and Transparency
The petitioner requests the court to direct the authorities to disseminate clear information regarding:
Khata issuance and transfer fees.
The B Khata process.
Other property-related procedures. This is aimed at ensuring transparency and accessibility for all stakeholders.
Interim Relief Sought
Pending the final hearing and disposal of the petition, the petitioner has sought interim relief to relax the mandatory requirement of e-Aasthi Khata for property registrations. The petitioner proposes allowing registrations in the following cases:
Where the draft e-Aasthi Khata is not available on the BBMP server.
Where an application for the final e-Aasthi Khata has been submitted on the BBMP website.
Where a request for corrections to the draft Khata has been made to BBMP.
Applicants would need to provide documentary evidence from the BBMP website to substantiate their claims.
Procedural Milestones
28/11/2024: The PIL Cell scrutinized the petition as per PIL Rules, 2018, and registered it after compliance with all office objections.
04/12/2024: Approved by the PIL Cell and posted for the Party-in-Person Committee.
06/12/2024: Party-in-Person Committee issued Form-C, confirming compliance with necessary formalities.
12/12/2024: IA No. 1/2024 (Permission to Prosecute Appeal) was dismissed as not pressed by the petitioner.
Importance of the Petition
This PIL addresses a critical issue affecting property owners in Karnataka, highlighting the challenges posed by the mandatory implementation of e-Aasthi Khata. By seeking a balanced approach that includes transparency, accountability, and a streamlined process, the petitioner aims to protect the rights of property owners while ensuring compliance with legal requirements.
Next Steps
The petition is scheduled for a preliminary hearing before a Division Bench on 03/02/2025. All stakeholders, including property owners and legal experts, will be closely monitoring the developments in this case, as its outcome could have far-reaching implications for property registration processes in Karnataka.
Stay tuned for updates on this landmark case. Disclaimer:
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