- 1 - NC: 2025:KHC:690 WP No. 34559 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 34559 OF 2024 (GM-ST/RN) BETWEEN: THE BENGALURU CITY CO-OPERATIVE BANK LTD., NO.3, PAMPA MAHAKAVI ROAD CHAMARAJAPETE, BENGALURU-560018 REPRESENTED BY ITS BRANCH MANAGER C.N. APPAJAIAH. …PETITIONER (BY SRI. LOKESH K V., ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001 2. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, KANDHAYANA BHAVAN, 8TH FLOOR, K.G.ROAD, BENGALURU 560 002. 3. THE SENIOR SUB-REGISTRAR, 2ND FLOOR, SLN COMPLEX OPPOSITE BUS STAND, MYSURU ROAD KENGEARI, BENGALURU 560060. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:690 WP No. 34559 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DECLARE THAT THE LETTER DTD. 08.11.2024 ISSUED BY THE R-3 INSISTING TO OBTAIN E-SWATHU/E-ASTHI IN RESPECT OF SCHEDULE PROPERTY TO REGISTER THE SALE CERTIFICATE ISSUED BY THE PETITIONER IN FAVOR OF THE AUCTION PRUCHASER, PRODUCED AT ANNX-B AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER The petitioner/Co-operative 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 3rd 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 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 - 3 - NC: 2025:KHC:690 WP No. 34559 of 2024 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 07.01.2025 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 07.01.2025, as noticed hereinabove, it will be open for the petitioner Bank to file an application, seek e-Khatha and the same shall be granted by the BBMP. - 4 - NC: 2025:KHC:690 WP No. 34559 of 2024 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 07.01.2025, obtain e-Khatha and thereafter proceed to get the Sale Certificate registered before the 3rd respondent/Sub-Registrar. Ordered accordingly. Sd/- (R DEVDAS) JUDGE DL CT: JL