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2025 DAILYLAW 48848 (KAR)

SMT KENGAMMA v. THE DISTRICT REGISTRAR

WP/15729/2025 · 2025-10-16

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:41360 WP No. 15729 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 15729 OF 2025 (GM-ST/RN) BETWEEN: SMT. KENGAMMA W/O KALAPPA @ DODDAPAPANNA AGED ABOUT 73 YEARS, RSIDING AT SUGGANAHALLY VILLAGE, SHRAVANABELAGOLA HOBLY CHANNARAYAPATNA TALUK, HASSAN DISTRICT - 573116 …PETITIONER (BY SRI. BHAGAT VENKATESH R, ADVOCATE) AND: 1. THE DISTRICT REGISTRAR DEPARTMENT OF STAMPS AND REGISTRATION, HASSAN DISTRICT, HASSAN 2. THE SUB-REGISTRAR OFFICE OF SUB-REGISTRAR, CHANNARAYAPATNA TALUK HASSAN DISTRICT, AND ALSO PUBLIC INFORMATION OFFICER …RESPONDENTS (BY SRI. B. RAVINDRANATH, AGA FOR R1 AND R2) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:41360 WP No. 15729 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER WRIT OR ORDER OR DIRECTION QUASHING THE IMPUGNED INTIMATION/ENDORSEMENT DATED 15.02.2025 IN RTI NO.DIG/RTI/632/24-25 ISSUED BY THE RESPONDENT NO.2/SUB-REGISTRAR, CHANNARAYAPATNA, REITERATING THAT THE DOCUMENT HAS BEEN WITHHELD FOR WANT OF PERMISSION FROM THE INSPECTOR GENERAL OF REGISTRATION AND STAMPS, DUE TO A MISMATCH IN THE LANDOWNER S NAME, AT ANNEXURE- A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent Nos.1 and 2. 2. The petitioner is before this court seeking for the following reliefs: a. Call for records pertaining to the Impugned intimation/endorsement dated 15.02.2025 in RTI No. G.£ÉÆÃ.PÀ/RTI/21/24-25 issued by the Respondent No.2/Sub-Registrar, Channarayapatna at Annexure-A. - 3 - HC-KAR NC: 2025:KHC:41360 WP No. 15729 of 2025 b. Issue Writ of Certiorari or any other Writ or Order or Direction quashing the Impugned intimation/endorsement dated 15.02.2025 in RTI No. G.£ÉÆÃ.PÀ/RTI/21/24-25 issued by the Respondent No.2 / Sub-Registrar, Channarayapatna, reiterating that the document has been withheld for want of permission from the Inspector General of Registration and Stamps, due to a mismatch in the landowner's name, at Annexure-A. c. Issue Writ of Mandamus directing the Respondent No.1 & 2 to register the said sale deed dated 16.01.2021, at Annexure-D which was executed through court in favour of the Petitioner in compliance with the decree dated 14.08.2008 passed in O.S.No.80/2006 and release the same in favour of the Petitioner. d. Grant such other Writ, Order or Direction as this Hon'ble Court may deem fit to grant under the facts and circumstances of the case in the interest of justice and equity. 3. The petitioner had filed a suit in O.S.No.80/2006 for specific performance, which came to be decreed. Pursuant to the same in Execution Proceeding No.195/2008, a sale deed came to be executed in the name of the petitioner. The said sale deed having been presented for registration has been kept pending and in that background, the petitioner is before this Court seeking for the aforesaid reliefs. - 4 - HC-KAR NC: 2025:KHC:41360 WP No. 15729 of 2025 4. The submission of Sri. Venkatesh R Bhagat, learned counsel for the petitioner is that during the pendency of the suit, one third party claiming to be the adopted son of the defendant had got his name entered in the revenue records and thereafter, on his expiry by way of inheritance, the name of his wife came to be entered in the revenue records and it is for that reason that the respondents have not registered and released the sale deed. 5. His submission is that the Inspector General of Registration and Stamps has the power and authority to direct such registration and release. In that view of the matter, the Inspector General of Registration and Stamps is directed to consider the application filed by the petitioner and pass necessary orders within a period of two weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any opinion on the merits of the matter. - 5 - HC-KAR NC: 2025:KHC:41360 WP No. 15729 of 2025 6. Accordingly, the writ petition is disposed of. SD/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 12 CT: BHK