- 1 - NC: 2025:KHC:7982 WP No. 5095 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 5095 OF 2025 (GM-RES) BETWEEN: KARUR VYSYA BANK LTD., DIVISIONAL OFFICE BUILDING, NO.6, SHRI VASAVI TEMPLE ROAD, NEAR SAJJAN RAO CIRCLE, V.V.PURAM, BANGALORE - 560 004. REPRESENTED BY ITS AUTHORIZED OFFICER. …PETITIONER (BY SRI. VIGNESH SHETTY, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, ROOM NO.627, 6TH FLOOR, GATE - 1, M.S. BUILDING, DR.B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE SUB-REGISTRAR, ADARSH LAYOUT, VINOBA NAGARA, SHIMOGA - 577 204. Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7982 WP No. 5095 of 2025 3. THE COMMISSIONER, SHIMOGA MAHANAGARA PALIKE, SHIMOGA - 577 201. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION TO RESPONDENT NO.2 REGISTER THE SALE CERTIFICATE DATED 18.06.2024 IN FAVOUR OF THE AUCTION PURCHASER MR.ROHITH KUMAR NAIK IN VIEW OF THE REPRESENTATION DATED 31.12.2024-ANNEXURE-E AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner/Bank is before this Court aggrieved of the fact that it is unable to register a Sale Certificate in favour of the auction purchaser, since the 2nd respondent/Sub-Registrar is insisting on a e-Swathu/ e-Asthi/ e-Khatha to be furnished by the petitioner/Bank in respect of the property in question. 2. On the previous occasion, learned Additional Government Advocate had made a statement before this Court - 3 - NC: 2025:KHC:7982 WP No. 5095 of 2025 that having regard to the difficulties faced by the secured creditors in getting the Sale Certificate registered for want of e-Khatha, the State Government has taken note of the same and has issued a Circular enabling the secured creditors/banks/financial institutions to approach the Bruhat Bengaluru Mahanagara Palike (BBMP) and seek for e-Khatha in the name of the secured creditors, who has taken possession of the property and has auctioned the property, in terms of the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, SARFAESI Act, 2002). 3. Today, the learned Additional Government Advocate has furnished a copy of the Circular dated 03.02.2025 issued by the Chief Commissioner, BBMP making provision for obtaining final e-Khathas for properties in favour of banks/financial institutions for registering Sale Certificates under SARFAESI Act, 2002. 4. In view of the steps taken by the State Government and BBMP, in particular, in issuing the Circular dated 03.02.2025, as noticed hereinabove, it will be open for the - 4 - NC: 2025:KHC:7982 WP No. 5095 of 2025 petitioner Bank to file an application, seek e-Khatha and the same shall be granted by the BBMP. This would enable the petitioner to get the Sale Certificate registered before the Sub- Registrar. 5. In that view of the matter, the writ petition stands disposed of reserving liberty to the petitioner Bank to file an application in terms of the Circular dated 03.02.2025, *bearing No.1596697/DMA/DEV/IPGR/01/2024 obtain e-Khatha and thereafter proceed to get the Sale Certificate respondent/Sub- Registrar. Ordered accordingly. Sd/- (R DEVDAS) JUDGE RKA List No.: 1 Sl No.: 46 *Inserted vide court order dt. 17.03.2025