- 1 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105945 OF 2022 (GM-ST/RN) C/W WRIT PETITION NO. 100263 OF 2023 IN WP.NO.105945/2022: BETWEEN: 1. D. NOOR AHMED S/O. LATE D. MOHAMMED GHOUSE, AGED ABOUT 67 YEARS, R/BY. HIS GPA HOLDER, D. FAKHRUDDIN AHMED, S/O. D. MOHAMMED NOOR, R/O. DOOR NO.84/4, WARD NO.15, OPP. MILLERPET MOQUE, COURT MOHALLA, BALLARI-583101. 2. DR. AZEEZUNISA BEGUM W/O. DR. P. MOHAMMED ZUBAIR AGED ABOUT 54 YEARS, R/O. DR. GAFFAR KHAN STREET, KURNOOL TOWN, ANDHRAPRADESH-518001. 3. D. NIYAZ AHMED S/O. LATE D. MOHAMMED GHOUSE, AGED ABOUT 45 YEARS, R/O. DOOR NO.84/4, WARD NO.15, OPP. MILLERPET MOQUE, SAROJA HANGARAKI Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 11:58:28 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 COURT MOHALLA, BALLARI-583101. 4. SHAMEEM BEGUM W/O. LATE SAFDAR BAIG, AGED ABOUT 40 YEARS, R/O. DOOR NO.84/4, WARD NO.15, OPP. MILLERPET MOQUE, COURT MOHALLA, BALLARI-583101. …PETITIONERS (BY SRIYUTHS. SABEEL AHMED, MOHAMMED A.S. AND SUHAS K. HOSAMANI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY. REVENUE SECRETARY, M.S. BUILDING, BENGALURU-01. 2. THE DISTRICT REGISTRAR, DEPARTMENT OF STAMPS AND REGISTRATION CUM ADJUDICATING AUTHORITY, (PREVENTION OF UNDER VALUATION OF INSTRUMENTS) RULES 1977, STATION ROAD, BALLARI-583101. 3. THE SUB-REGISTRAR BALLARI REGISTRATION DISTRICT, DEPARTMENT OF STAMPS AND REGISTRATION CUM ADJUDICATING AUTHORITY, (PREVENTION OF UNDER VALUATION OF INSTRUMENTS) RULES 1977, STATION ROAD, BALLARI-583101. 4. SRI. C. YEJAZ AHAMMED S/O. C. NAZEER AHMED, AGED ABOUT 50 YEARS, RESIDING AT MILL ROAD, COURT MOHALLA, WARD NO.15, BALLARI-583101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS - 3 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 CITY SURVEYOR, ADLR OFFICE, BALLARI-583101. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1, R2, R3 AND R5; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY APPROPRIATE WRIT QUASHING IMPUGNED ORDER PASSED BY RESPONDENT NO.2 DATED 29-10-2005 IN PÀæ/¸ÀASÉå/ªÀÄÄzÁæAPÀ/P- 45.J(1)/§¼Áîj/78/2001-02 VIDE ANNEXURE-E AND MEMO ISSUED BY RESPONDENT NO.2 DATED 09-03-2012 IN ¸ÀASÉå/f£ÉÆÃ/45.J(1)/ªÀÄÄzÁæAPÀ/§¼Áîj/78/2001-12 VIDE ANNEXURE- F AND THE COPY OF THE CERTIFICATE DATED 19-03-2012 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE-G AS THE SAME ARE VOILATIVE OF LAW AND PRINCIPLES OF NATURAL JUSTICE. B. PASS SUCH OTHER ORDERS/ DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. IN WP.NO.100263/2023: BETWEEN: 1. D. NOOR AHMED S/O. LATE D. MOHAMMED GHOUSE, AGED ABOUT 67 YEARS, R/BY. HIS GPA HOLDER, D. FAKHRUDDIN AHMED, S/O. D. MOHAMMED NOOR, R/O. DOOR NO.84/4, WARD NO.15, OPP. MILLERPET MOQUE, COURT MOHALLA, BALLARI-583101. 2. DR. AZEEZUNISA BEGUM W/O. DR. P. MOHAMMED ZUBAIR AGED ABOUT 54 YEARS, R/O. DR. GAFFAR KHAN STREET, - 4 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 KURNOOL TOWN, ANDHRAPRADESH-518001. 3. D. NIYAZ AHMED S/O. LATE D. MOHAMMED GHOUSE, AGED ABOUT 45 YEARS, R/O. DOOR NO.84/4, WARD NO.15, OPP. MILLERPET MOQUE, COURT MOHALLA, BALLARI-583101. 4. SHAMEEM BEGUM W/O. LATE SAFDAR BAIG, AGED ABOUT 40 YEARS, R/O. DOOR NO.84/4, WARD NO.15, OPP. MILLERPET MOQUE, COURT MOHALLA, BALLARI-583101. …PETITIONERS (BY SRIYUTHS. SABEEL AHMED, MOHAMMED A.S. AND SUHAS K. HOSAMANI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY. REVENUE SECRETARY, M.S. BUILDING, BENGALURU-560001. 2. THE DISTRICT REGISTRAR, DEPARTMENT OF STAMPS AND REGISTRATION CUM ADJUDICATING AUTHORITY, (PREVENTION OF UNDER VALUATION OF INSTRUMENTS) RULES 1977, STATION ROAD, BALLARI-583101. 3. THE SUB-REGISTRAR BALLARI REGISTRATION DISTRICT, DEPARTMENT OF STAMPS AND REGISTRATION CUM ADJUDICATING AUTHORITY, (PREVENTION OF UNDER VALUATION OF INSTRUMENTS) RULES 1977, STATION ROAD, BALLARI-583101. - 5 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 4. SRI. C. NIYAZ AHAMMED S/O. C. NAZEER AHMED, AGED ABOUT 52 YEARS, RESIDING AT MILL ROAD, COURT MOHALLA, WARD NO.15, BALLARI-583101. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS CITY SURVEYOR, ADLR OFFICE, BALLARI-583101. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1, R2, R3 AND R5; SRI. S.K. KAYAKAMATH, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A. ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY APPROPRIATE WRIT QUASHING IMPUGNED ORDER PASSED BY RESPONDENT NO.2 DATED 29-10-2005 IN PÀæ/¸ÀASÉå/ªÀÄÄzÁæAPÀ/P- 45.J(1)/§¼Áîj/79/2001-02 VIDE ANNEXURE-E AND MEMO ISSUED BY RESPONDENT NO.2 DATED 15.03.2012 IN ¸ÀASÉå/f£ÉÆÃ/45.J(1)/ªÀÄÄzÁæAPÀ/§¼Áîj/79/2001-12 VIDE ANNEXURE-F AND THE COPY OF THE CERTIFICATE DATED 19.03.2012 ISSUED BY RESPONDENT NO. 3 VIDE ANNEXURE-G AS THE SAME ARE VIOLATIVE OF LAW AND PRINCIPLES OF NATURAL JUSTICE. B. PASS SUCH OTHER ORDERS/ DIRECTIONS AS THIS HON’BLE COURT DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THIS CASE IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 6 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: IN WP 105945/2022 A) Issue a writ in the nature of Certiorari or any appropriate writ quashing impugned order passed by Respondent No.2 dated 29-10-2005 in PÀæ/¸ÀASÉå/ªÀÄÄzÁæAPÀ/P-45.J(1)/§¼Áîj/78/2001-02 vide ANNEXURE-E and memo issued by Respondent No.2 dated 09-03-2012 in ¸ÀASÉå/f£ÉÆÃ/45.J(1)/ªÀÄÄzÁæAPÀ/§¼Áîj/78/2001-12 vide ANNEXURE-F and the copy of the certificate dated 19-03-2012 issued by respondent no.3 vide ANNEXURE-G as the same are voilative of law and principles of natural justice. B. Pass such other orders/ directions as this Hon’ble court deems fit in the facts and circumstances of this case in the interest of justice and equity. IN WP 100263/2023 A. Issue a writ in the nature of Certiorari or any appropriate writ quashing impugned order passed by Respondent No.2 dated 29-10-2005 in PÀæ/¸ÀASÉå/ªÀÄÄzÁæAPÀ/P-45.J(1)/§¼Áîj/79/2001-02 vide ANNEXURE-E and memo issued by Respondent No.2 dated 15.03.2012 in ¸ÀASÉå/f£ÉÆÃ/45.J(1)/ªÀÄÄzÁæAPÀ/§¼Áîj/79/2001-12 vide ANNEXURE-F and the copy of the - 7 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 certificate dated 19.03.2012 issued by respondent no. 3 vide ANNEXURE-G as the same are voilative of law and principles of natural justice. B. Pass such other orders/ directions as this Hon’ble court deems fit in the facts and circumstances of this case in the interest of justice and equity. 2. What has been essentially challenged is the registration and release of the sale deed dated 05.07.2001 on 19.03.2012, by collecting only the stamp duty and not imposing the interest on the purchaser. 3. The submission of the counsel for the petitioners is that the sale deed itself has been obtained by fraud and the father of the petitioners had not executed the said sale deed. The impugned orders have been passed by respondent No.2 as regards the undervaluation of the sale deed and not as regards the veracity and validity of the sale deed in terms of who has executed the sale or not. Since that does not come within the purview of the Sub-Registrar or - 8 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 the District Registrar, the petitioners being the legal heirs of the vendor, if aggrieved by any fraudulent execution of the sale deed, they have an alternative remedy in terms of filing a civil suit seeking for appropriate reliefs. 4. In the present petitions, the allegation that the petitioners’ father had not executed the sale deed cannot be gone into. 5. Insofar as payment of interest and or the deficit stamp duty, that is a matter between the purchaser and the District Registrar, as regards which the petitioners cannot have any grievance since it is not the petitioners who would be making payment of the deficit stamp duty and or interest. 6. At this stage, learned counsel for the petitioners seeks leave of this Court to file appropriate suit seeking for appropriate relief, but however requests for the benefit of Section 14 of the Limitation Act. - 9 - HC-KAR NC: 2025:KHC-D:9734 WP No. 105945 of 2022 C/W WP No. 100263 of 2023 7. In that view of the matter, I pass the following: ORDER i. The writ petitions are disposed, reserving liberty to the petitioners to file appropriate civil proceedings before the appropriate forum with the benefit of Section 14 of the Limitation Act made available to them for the prosecution of the above petitions before this Court. ii. In the event of any suit being filed, the said Court shall consider the same, uninfluenced by the factum of registration of the sale deed, by considering the averments and or allegations made and the reply given thereto, on its own merits. Sd/- (SURAJ GOVINDARAJ) JUDGE SH CT:PA List No.: 1 Sl No.: 1