Digitise, Credentialise Docs Including Khata Certificates, Tax Receipt With QR Code For E-Verification: Karnataka HC To BBMP

The Karnataka High Court has suggested the Bruhat Bengaluru Mahanagara Palike (BBMP) to implement a system of digitising and credentialing all the documents which are issued by the Corporation including but not limited to a Khata certificate, plan sanction, tax paid receipt, SAS tax paid receipt etc. so that the QR Code is also printed which when scanned the website of the Corporation be visited to verify the authenticity thereof.

A single judge of Justice Suraj Govindaraj said “The Chief Commissioner, BBMP along with the Principal Secretary, E-governance, as also the concerned of digilocker are directed to look into the matter and formulate a suitable mechanism to credentialize all documents issued by the BBMP.”

The bench gave the directions while hearing a petition filed by Sharmada B K who had approached the court after the corporation refused to delete her parent's names from the Katha already issued to her stating that no records are available and/or that documents produced by the petitioner are fabricated and false.

The court said “This is not a stray case where a Katha certificate issued by the BBMP has been objected to on the ground that the same is not genuine. Any allegation as regards the particular document is not genuine and is therefore fabricated has serious connotations in both civil and criminal law. Thus, when any such allegations are made, there ought to be a system put in place by the BBMP to ensure the veracity of the document by any third party, including a Court of law before which it is produced.”

Further, it said “The Katha certificate issued on a piece of paper without any verification possibility has resulted in such a statement being made, which required this Court to visit the BBMP portal input the PID number, application number, first three alphabets of petitioner's name so as to ascertain the veracity of the said Katha certificate.”

Then it opined “In this day and age when systems like Digi-locker have been enabled which would give access to verification of identity of a person by uploading Aadhar Card and other identity documents by credentialing them and their veracity being capable of being verified based on a QR Code which is printed thereon, which is the very system which is used by this Court in respect of the judgments, which are rendered by this Court, it is high time that the Corporation also implements a system of digitising and credentializing all the documents which are issued by the Corporation.”

Noting that there is a contradiction in the submission made by the counsel for respondents Nos.1 and 2 (Corporation) and respondent Nos.3 and 4 since the Corporation contents that objections were received from respondent Nos.3 and 4, while the counsel for respondent Nos.3 and 4 submits that no objections were filed by respondent Nos.3 and 4 and respondent Nos.1 and 2 have suo moto issued the endorsement on the basis of the documents available with the Corporation in regards to the petitioners' application for deletion of names in Khata.

The court said “The application that has been filed by the petitioner is only for a change of Katha by deleting the names of the parents of the petitioner and continuing the name of the petitioner in furtherance of the release deed executed in the name of the petitioner. Thus, it is not a fresh Katha which is sought to be issued or a transfer of khatha being required to be made, as such the objections raised in relation thereto, that too on the basis of a Katha which is claimed to have been issued in the year 1998 does not arise.”

Following this the court directed “The Chief Commissioner is directed to look into the matter and take appropriate action against the said ARO for having misled his counsel and thereafter trying to mislead this Court. Though this Court would also initiate perjury action, it refrains from doing so, leaving it to the Chief Commissioner to set his house in order.

Then it held “These are matters which would be the subject matter of the enquiry by the Chief Commissioner, as indicated above. In such circumstances, I am of the considered opinion that the petition is required to be allowed.”

Allowing the petition it directed the corporation to consider the application of the petitioner in terms of the registered release deed dated 13.08.2021 and carry out necessary changes in the katha within a period of 30 days from the date of receipt thereof since apparently respondent Nos.3 and 4 have not filed any objections to the application filed by the petitioner.

Appearance: Senior Advocate Uday Holla for Advocate Jayakumar N D for Petitioner.

Advocate Jagadeeswara N R for R1 and R2

Advocate M S Nagaraja for R3 and R4.

Citation No: 2023 LiveLaw (Kar) 487

Case Title: Sharmada B K AND The Bruhat Bengaluru Mahanagara Palike & Others

Case No: Writ Petition No 14352 of 2023

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