- 1 - HC-KAR NC: 2025:KHC:44431 WP No. 28435 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 28435 OF 2024 (SCST) BETWEEN: 1. SRI. E. NIJALINGAPPA S/O LATE SRI VEERANNA AGED ABOUT 62 YEARS IKKANURU VILLAGE DHARMAPURA HOBLI HIRIYUR TALUK CHITRADURGA DISTRICT - 577 544 … PETITIONER (BY SRI. RAVINDRA M R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASA SOUDHA AMBEDKAR VEEDHI BENGALURU - 01 REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT REGISTRAR REGISTRAR OF STAMPS CHITRADURGA TOWN CHITRADURGA DISTRICT Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44431 WP No. 28435 of 2024 3. THE SUB REGISTRAR HIRIYUR TALUK, HIRIYUR TOWN CHITRADURGA DISTRICT 4. THE TAHSILDAR OFFICE OF TAHSILDAR HIRIYUR TLAUK HIRIYUR TOWN CHITRADURGA DISTRICT … RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO (1) ISSUE THE WRIT OR ORDER IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO 4 TO TREAT THE SY.NO. SY.NO.3P, AT PRESENT CLAIMED TO BE REPHODED AS SY.NO.14, MEASURING 4-00 ACRES, SITUATED AT THIMLAPURA VILLAGE, DHARMAPURA HOBLI, HIRIYUR TALUK IS THE GRANTED LAND BY WAY OF DHARKAST BY COLLECTING THE "KIMMATTU" FROM ITS GRANTEES IN THE GENERAL CATEGORY AS PER ORDER BEARING LND 91/64-65 DATED 10- 08-1963, (ADR 11/66-67) AS PER ANNEXURE-B AND THE SAID GRANTED LAND WILL NOT BE ATTRACTED WITH SC AND ST PTCL ACT, TO PREVENT THE ALIENATION BY THE GRANTEES AND ETC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:44431 WP No. 28435 of 2024 ORAL ORDER The present petition has been filed seeking a direction in the nature of mandamus to respondent Nos.1 to 4 to treat the land bearing Survey No.3P, measuring 4.00 acres situated at Thimlapura Village, Dharmapura Hobli, Hiriyur Taluk as 'granted land' by way of Dharkasth by collecting 'Kimmattu' from the grantees in terms of the Grant Order at Annexure-'B'. The petitioner has also sought for issuance of writ in the nature of mandamus to direct respondent Nos.1 to 3 to register the Sale Deed dated 29.04.2002 presented before the respondent No.3 regarding the above said land. 2. The petitioner submits that the land was granted under the Karnataka Land Grant Rules, 1969 as evidenced by the Grant Certificate in Form No.1 at Annexure-'B'. It is further submitted that the land was granted after collecting the price ('Kimmattu'). It is further submitted that the only restriction was non-alienation for a period of 15 years and the grant was made for a person - 4 - HC-KAR NC: 2025:KHC:44431 WP No. 28435 of 2024 under 'General category' as could be noticed from the name of the grantee. 3. It is also submitted that the said land was sought to be sold to the petitioner herein and the Sale Deed was presented for registration on 29.04.2002. It is submitted that, however, the Sale Deed was not registered and was treated as document pending for registration. After various representations, an endorsement at Annexure-'H' is stated to have been issued by the Tahsildar on 13.10.2022 stating that the land was granted to persons belonging to Scheduled Caste and Scheduled Tribe Category and would come within the purview of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978. The contention of the petitioner that the grantee belongs to 'General Category' requires acceptance in the absence of any recital in the Grant Certificate that the land has been granted to 'depressed classes'. Further, the Grant Certificate does mention the price of land ('Kimattu') as - 5 - HC-KAR NC: 2025:KHC:44431 WP No. 28435 of 2024 ₹120 (rupees one hundred and twenty only) which may have been the Market Value as on the date of grant in the year 1967. There is no stand by the respondent State with any justifiable reason for not registering the Sale Deed. 4. Learned Additional Government Advocate submits that the Sale Deed would be registered after following the remaining procedures. 5. Learned counsel for the petitioner submits that all the procedures including the payment of stamp duty and registration fee had been made as on the date of presentation of Sale Deed. 6. Taking note of the submission of learned counsel for the petitioner that the present relief would address the grievance and that though other grievances are raised in the present petition may be kept open to be agitated in an appropriate forum, the petition requires to be disposed of. 7. Taking note of the limited prayer sought by the petitioner and the stand of learned Additional Government - 6 - HC-KAR NC: 2025:KHC:44431 WP No. 28435 of 2024 and in light of the discussion made above wherein this Court has recorded a finding that grant was made to a person belonging to 'General Category', the Sale Deed presented for registration, a copy of which is produced as Annexure-'A' is to be registered by the respondent No.3 after following the applicable procedure. All other contentions are kept open. 8. The other reliefs sought by the petitioner are kept open to be raised for adjudication before the appropriate forum at an appropriate point of time. [ 9. Needless to state that the endorsement at Annexure-'H' dated 13.10.2022 would not come in the way of Sub-Registrar registering the Sale Deed. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR