THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT v. SRI D MALLESH
WA/287/2022 · 2025-11-26
C M Poonacha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41058 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41058 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:49263-DB WA No. 287 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 287 OF 2022 (GM-ST/RN)
BETWEEN:
1.
THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M S BUILDING DR B R AMBEDKAR ROAD BENGALURU - 01
2.
THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION 8TH FLOOR, KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU 560 001
3.
THE DISTRICT REGISTRAR OF REGISTRATION AND DEPUTY COMMISSIONER OF REGISTRATION CHITRADURGA DISTRICT CHITRADURGA 577 501
4.
THE SUB REGISTRAR HOSADURGA TALUK MINI VIDHANA SOUDHA HOSADURGA 577 527
Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:49263-DB WA No. 287 of 2022
CHITRADURGA DISTRICT
…APPELLANTS (BY SRI. K.S. HARISH, GA)
AND:
SRI D MALLESH S/O DODDABASAPPA AGED ABOUT 42 YEARS OCC AGRICULTURIST R/O HAKKITHIMMAAIAHNAHATTY VILLAGE MADADAKERE HOBLI HOSADURGA TALUK 577 527 CHITRDURGA DISTRICT
…RESPONDENT (RESPONDENT SERVED AND UNREPRESENTED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.18834/2021 DATED 24/11/2021 AND ETC.
THIS APPEAL, COMING ON FOR HEARING, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA
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HC-KAR NC: 2025:KHC:49263-DB WA No. 287 of 2022
ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)
1. None appears on behalf of the respondents despite service of notice.
2. The State has filed the present appeal Impugning order passed by the learned Single Judge in Writ Petition No.18834/2021 (GM-ST/RN) dated 24.11.2021, whereby the learned Single Judge had directed the appellants to register and release the Sale Deed without insisting on a 11-E sketch. The said order was passed following the decision of this Court in W.P. No.10158/2021 dated 18.08.2021 that there is no necessity to furnish 11-E sketch and in any event, registration of Sale Deed could not be withheld for want of such documents. This Court is informed that the State has preferred a Special Leave Petition (C) Nos.15837-15838/2016, against one such decision and the Supreme Court has stayed the operation of the same.
3. In view of the above, the affidavit impugned in the present petition cannot be implemented. It is pointed out that in a similar appeal, this Court on 21.08.2025 in W.A. No.1087/2025 [GM-RES] had disposed of the same in the following terms:
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HC-KAR NC: 2025:KHC:49263-DB WA No. 287 of 2022
6. At this stage, the learned counsel submit that the appellants have submitted 11E sketches in respect of several portions of the subject land. Clearly, this Court is not required to make any observations in this regard, as there is no ambiguity in the impugned order. The learned Single Judge has expressly directed that, subject to the appellants furnishing the 11E sketch, the original sale deeds set out in 'Schedule I' of the writ petition would be released.
7. We also consider it apposite to clarify that in the event the appellants do not furnish the 11E sketch and stand by their contention that the same is not necessary, the respondents would abide by the decision of the Supreme Court in regard to the sale deeds, which are subject matter of the writ petition, as well. This observation would obviously be relevant if the appellants do not furnish the 11E sketch as
directed. In the event the appellants furnish the 11E sketches as required, the respondents shall abide by the directions of the learned Single Judge, as set out in the impugned order.
4. In view of the above, we consider it apposite to set aside the impugned order and dispose of the present appeal in similar
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HC-KAR NC: 2025:KHC:49263-DB WA No. 287 of 2022
terms. In the event, the respondents furnish the 11-E sketch, the concerned authority shall register and release the Sale Deed in question. However, if the respondents do not furnish the 11-E sketch and insist on pursuing their stand, the authorities shall await the outcome of the decision of the Supreme Court and abide by the same.
5. Pending applications, if any, stand disposed.
Sd/- (VIBHU BAKHRU) CHIEF JUSTICE
Sd/- (C.M. POONACHA) JUDGE
BS List No.: 1 Sl No.: 0