Karnataka High Court Asks State To Put In Place Proper Methodology For Timely Disposal Of e-Khata Applications, Seeks Compliance Report

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.

A single judge bench of Justice Suraj Govindaraj directed the Principal Secretary, Rural Development and Panchayat Raj Department and the Secretary, e-Governance Department, to institute and put in effect a system for proper methodology of consideration of the application, processing the application and disposal of the application for filing of e-khata, on the website of the Rural Development and Panchayat Raj Department under each Gram Panchayat.

The bench said the website should reflect, at least, the following common details:

i. Name of the applicant.

ii. Details of the property.

iii. Date on which electronic-khata is applied for.

iv. 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.

“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,” the bench said.

Allowing the petition, it directed the Doddajala Gram Panchayat to consider the application of the petitioner within a period of three weeks.

For reporting compliance in respect of other directions, the court posted the matter for hearing on April 06.

Case Title: Renuka Manghnani And State of Karnataka

Case No: WRIT PETITION NO.4821 OF 2023

Citation: 2023 LiveLaw (Kar) 120

Date of Order: 02-03-2023

Appearance: Senior Advocate Udaya Holla for Advocate Vivek Holla for petitioner

AGA Nityananda K R for R-1 & R-2.

Advocate M S Devaraj for R3.