T. MALLIKARJUNA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is seeking registration of e-katha at the hands of respondent No.2-Commissioner, City Municipal Council, Doddaballapura. The claim of the petitioner is based on an amendment brought to the Town and Country Planning Act, 1961, introducing Sec. 76FF, by the Amendment Act , 2014. However, it is not disputed that the Hon'ble Supreme Court of India, in Special Leave to Appeal (C) No(s).956-957/2017 has directed that the interim order of stay granted by this Court shall continue until further orders. The challenge raised to the amended provision is pending consideration at the hands of the Hon'ble Supreme Court. Therefore, learned counsel for respondent No.4, Doddaballapura Town Planning Authority, submits that liberty may be reserved to the petitioner to move respondent No.2-City Municipal Council, depending on the decision that would be taken by the Hon'ble Supreme Court.

(2.) The submission of the learned counsel is placed on record. The benefit of the amended provision can be availed of by the petitioner only if the said provision is upheld by the Hon'ble Supreme Court.

(3.) Consequently, the writ petition stands disposed of, granting liberty to the petitioner to move respondent No. 2, the City Municipal Council, to register the e-katha, if the provisions contained in the Amended Act, 2014, is upheld by the Hon'ble Supreme Court.