Karnataka HC asks govt reply on PIL challenging e-khata mandate for property registration

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind gave direction after hearing the petition filed by S Gowrishankar, a resident of Bengaluru city.

Bengaluru: The Karnataka High Court on Friday sought a response from the state government regarding a public interest litigation (PIL) challenging the September 17, 2024, circular that mandates the use of e-Aasthi khata for property registration.

A division bench comprising Chief Justice NV Anjaria and Justice KV Aravind issued the directive after hearing the petition filed by Bengaluru resident S Gowrishankar.

The petitioner argued that while the state government has made e-Aasthi khatas mandatory for property registrations, the system remains incomplete and plagued by procedural shortcomings. He said property registrations in Bengaluru have dropped by 60% since the circular was issued.

The petitioner contended that the circular, which makes e-Aasthi khata a precondition for registration, was introduced without addressing operational challenges such as unclear processes, limited coverage across wards, and implementation delays.

Gowrishankar requested the court to direct authorities to enforce the e-Aasthi khata mandate only after the Bruhat Bengaluru Mahanagara Palike (BBMP) confirms that all existing properties have been issued e-Aasthi khatas and a time-bound process is in place for registering new properties or amending existing khatas.

The petitioner also sought the creation of categories that would allow property registration without e-Swathu or e-Aasthi, based on a self-declaration form from the applicant.

The petition said these categories should cover situations where e-Swathu or e-Aasthi has not yet been enabled, cases where an application is pending, or when alternative valid property documents are available.

The petition also noted that the e-Aasthi system has caused significant hurdles, with issues ranging from incomplete records to incorrect details in draft e-khatas. As a result, citizens are facing substantial obstacles in completing property transactions at sub-registrar offices, as they do not have access to accurate and final e-Aasthi khatas to proceed with registrations.