- 1 - HC-KAR NC: 2025:KHC-D:11499 WP No. 105044 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105044 OF 2025 (LB-RES) BETWEEN: 1. YASHWANT K. JAIN S/O. KESARIMAL JAIN, AGED ABOUT 45 YEARS, 2. VIKAS K JAIN S/O. KESARIMAL JAIN, AGED ABOUT 40 YEARS, 3. PADMA VIJAYKUMAR JAIN W/O. VIJAY KUMAR JAIN, AGED ABOUT 47 YEARS, PETITIONER NO.1 TO 3 ARE R/A: ABBIGGERI OIL MIL COMPOUND, MAHAVEER COLONY, GADAG, GADAG, KARNATAKA-582101. 4. BHEEMSING RATHOD S/O. NARAYANAPPA, AGED ABOUT 56 YEARS, KALASAPUR, VTC KALASAPUR, PO. GADAG CITY, SUB DISTRICT: SHIRHATTI, DIST. GADAG-582103. 5. BASAVARAJ TIPPANA HIREHADAGALI, S/O. TIPPANA, AGED ABOUT 62 YEARS, STESHANA ROAD GADAG, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dhrawad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:11499 WP No. 105044 of 2025 GADAG, BETIGERI-582102 …PETITIONERS (BY SRIYUTHS. VINOD KUMAR M, KISHAN G.M., AND POOJA SAVADATTI, ADVOCATES) AND: 1. STATE OF KARNATAKA BY SECRETARY, REVENUE DEPARTMENT, OFFICE OF THE SECRETARY, (REVENUE DEPARTMENT), MS BUILDING, 3RD GATE, 5TH FLOOR, DR. AMBEDKAR VEEDI, BENGALURU-560001. 2. SUB-REGISTRAR, SHIRAHATTI MINI VIDHANA SOUDHA, SHIRATTI, GADAG-582120. 3. TOWN PANCHAYAT SHIRAHATTI TOWN PANCHAYAT COUNCIL, SHIRAHATTI TALUK, GADAG DISTRICT, KARNATAKA-582120. …RESPONDENTS (BY SRI.RAMESH B. CHIGARI, AGA FOR R1 AND R2; R3-NOTICE SERVED) THIS WP IS FILED UNDER ORDER 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.02 TO CONSIDER THE REPRESENTATION DATED 05/07/2025, PRODUCED AT ANNEXURE-J AND J1 SEEKING THE RESPONDENT NO.2 TO CONCLUDE THE REGISTRATION PROCESS, RELEASE THE SALE DEED PRESENTED BY THE PETITIONERS ON 31/07/2015 AND TO ISSUE ENCUMBRANCE CERTIFICATE IN FAVOUR OF THE PETITIONERS. B) DIRECT THE RESPONDENT NO.3 TO ENTER THE NAMES OF THE PETITIONERS IN THE REVENUE RECORDS AFTER THE REGISTRATION AND ETC., - 3 - HC-KAR NC: 2025:KHC-D:11499 WP No. 105044 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. The petitioners are before this Court seeking for the following reliefs: a) Issue writ of mandamus directing the respondent no.02 to consider the representation dated 05/07/2025, produced at Annexure-J and J1 seeking the respondent no.2 to conclude the registration process, release the sale deed presented by the petitioners on 31/07/2015 and to issue encumbrance certificate in favour of the petitioners. b) Direct the respondent no.3 to enter the names of the petitioners in the revenue records after the registration. c) Pass any other appropriate writ or order in the circumstances of the case in the interest of justice and equity. 2. The petitioners had presented a sale deed for registration on 31.07.2015, which was kept pending on account of the undervaluation made. Subsequently, the petitioners revalued the property and made payment towards the deficit stamp duty and registration fee. It is in that background that the - 4 - HC-KAR NC: 2025:KHC-D:11499 WP No. 105044 of 2025 petitioners submitted a representation on 05.07.2025, seeking for the respondents to complete the registration. As the same was not acted upon, the petitioners are before this Court seeking appropriate relief. 3. Heard the learned counsel for the petitioner and learned AGA for Respondent Nos.1 and 2. 4. If the deficit stamp duty and registration fee have been paid and all requirements for the registration of the sale deed have been complied, it would be necessary for the respondents to register the sale deed presented on 31.07.2015. Hence, I pass the following: ORDER i. The writ petition is allowed. ii. Writ of mandamus is issued directing Respondent No.2 to consider the - 5 - HC-KAR NC: 2025:KHC-D:11499 WP No. 105044 of 2025 representation of the petitioners dated 05.07.2025, and if all the requirements are satisfied, after obtaining the signatures of the parties to the document to register and release the sale deed presented by the petitioners on 31.07.2015, within a period of four weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE Vb/-Ct:pa List No.: 1 Sl No.: 82