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2025 DAILYLAW 40673 (KAR)

SRI ROHIT C v. THE STATE OF KARNATAKA

WP/17201/2025 · 2025-07-28

B M Shyam Prasad

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:28985 WP No. 17201 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 17201 OF 2025 (GM-ST/RN) BETWEEN: SRI ROHIT C S/O SRI. K M CHANDRASHEKAR, AGED ABOUT 36 YEARS, R/AT NO. 170, 2nd CROSS, M.S RAMAIAH NORTH STREET THANISANDRA MAIN ROAD, BENGALURU 560 077 …PETITIONER (BY SRI. SOMASHEKHARAIAH.R.P.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001 REP BY ITS SECRETARY Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28985 WP No. 17201 of 2025 2. THE SUB REGISTRAR SRIRAMPURA SUB REGISTRAR OFFICE NO. 1250-51 MANUTEJA TOWERS, MAGADI MAIN ROAD, AGRAHARA DASARAHALLI, BENGLAURU 560 079 …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S., AGA) THIS WRIT PETITION IS FILED UNDR SECTION 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO -QUASH THE ENDORSEMENT DTD.28/12/2022, IN NO.U.NOO.KA/SHRI.PU/2022- 03, ISSUED BY RESPONDENT NO.2, UNDER ANNEXURE J, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:28985 WP No. 17201 of 2025 ORAL ORDER The petitioner is aggrieved by the second respondent's Communication dated 28.12.2022 [Annexure-J]. The second respondent has issued this Communication informing the petitioner that he has sought for cancellation of the entries related to sale deed dated 04.08.2021 and that such cancellation entries cannot be made unless there is a decree by the competent civil Court. 2. Sri. R. P. Somashekaraiah, the learned counsel for the petitioner, submits that the petitioner's request for cancellation of the entries relating to the sale deed is because of the decree in O.S.No.1479/2016, but the second respondent has issued the impugned communication without noticing the contents of the decree. 3. Sri. Rahul Cariappa, the learned Additional Government Advocate, is heard in the light - 4 - HC-KAR NC: 2025:KHC:28985 WP No. 17201 of 2025 of this grievance, and the merits of the petitioner's grievance is considered in view of the terms of the decree in O.S.No.1479/2016, which reads as under: “The Suit of the Plaintiff is Decreed with cost, by declaring that the Plaintiff is the absolute owner of the suit property. Further, it is ordered and declared that the sale deed executed by Sri. Mallaiah, Smt. Gurushanthamma and Smt. Radhamma in favour of this Defendant on 18-7-2014 in respect of suit site No.81, is null and void and accordingly, it is cancelled. Send the copy of this Judgment to the concerned Sub-Registrar, Bengaluru, to cancel the sale deed dated 18-7-2014 and to make an entry in the concerned Register. 4. This Court opines that the petition must be disposed of quashing the impugned communication directing the second respondent to consider the request in terms of the aforesaid decree and communicate the decision to the petitioner - 5 - HC-KAR NC: 2025:KHC:28985 WP No. 17201 of 2025 within fifteen [15] days from the date of receipt of a certified copy of this order. The petition stands disposed of quashing the second respondent's Communication dated 28.12.2022 [Annexure-J] with the directions as aforesaid. Sd/- (B M SHYAM PRASAD) JUDGE SS List No.: 2 Sl No.: 54