The Karnataka High Court has made it clear that whenever a manual khata (property document) is issued, e-khata is to be issued immediately on an application being made, otherwise, the very purpose of implementing the system of e-khata would be lost. This was in the case of Renuka Manghnani V. State of Karnataka (WRIT PETITION NO.4821 OF 2023) and was presided by a single judge bench of Justice Suraj Govindaraj.
FACTS OF THE CASE:
This writ petition is filed under articles 226 and 227 of the constitution of India. The petitioner is before this Court seeking for the following relief: ” Issue a writ of mandamus or any other writ order or direction, directing the Doddajala Gram Panchayath and the Panchayath Development Officer to issue e-khata in respect of the schedule property in the name of the petitioner.” The grievance of the petitioner is that though manual khata has been issued in favour of the petitioner as regards the property covered under Survey No.189, bearing khata No.415/415/189 of Jala Grama Panchayat, electronic-khata has not been issued in favour of the petitioner though an application was made in relation thereto on 16-2-2019. Whenever there is manual khata issued, e-khata is to be issued immediately on an application being made, otherwise, the very purpose of implementing the system of e-khata would be lost and manual khata would continue to exist. It is rather shocking that an application which is made in the year 2019 is still pending consideration, requiring the petitioner to approach this Court seeking redressal of her grievance.
JUDGEMENT:
The bench said the website should reflect, at least, the following common details:
- Name of the applicant.
- Details of the property.
iii. Date on which electronic-khata is applied for.
- Date on which electronic-khata is issued.
“As per e-Sugama Rules, any application made for e-khata is required to be disposed of within a period of thirty days. If there is a delay of more than thirty days, the website should also reflect the reasons for such delay,” said the court. The court also said that though khata is not a title document, it is required for the purpose of better enjoyment of the property and such enjoyment of the property cannot be delayed.
The directions were given while allowing a petition filed by Renuka Manghnani stating that though manual khata has been issued in her favour, the electronic-khata has not been issued despite filing of application on 16-2-2019.
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JUDGEMENT REVIEWED BY PRATIKSHYA P. BEURA
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