SREE BYRAWESHWARA v. THE SECRETARY TO THE GOVERNMENT
WP/7631/2023 · 2025-12-10
E S Indiresh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69066 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69066 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52272 WP No. 7631 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 7631 OF 2023 (GM-ST/RN) BETWEEN:
SREE BYRAWESHWARA CO-OPERATIVE BANK LTD., S.S.PURAM, TUMKUR, BY ITS CHIEF EXECUTIVE OFFICER, SRI.D.A. KUMARASWAMY, LATE SRI. AMASEGOWDA, AGED ABOUT 58 YEARS. …PETITIONER (BY SRI. B S MAHENDRA, ADVOCATE) AND:
1. THE SECRETARY TO THE GOVERNMENT DEPARTMENT OF REVENUE, M S BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001. 2. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, DEPARTMENT OF STAMPS AND REGISTRATION, KANDAYA BHAVANA, 8TH FLOOR, K.G.ROAD, BANGALORE-560 009. 3. THE DISTRICT REGISTRAR TUMKUR DISTRICT, TUMKUR-572 101. Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:52272 WP No. 7631 of 2023
4. THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR, CHURCH CIRCLE, OPPOSITE STATE BANK OF INDIA MAIN BRANCH, TUMKUR-572 101. 5. THE SUB-REGISTRAR OFFICE OF THE SUB REGISTRAR, GUBBI TALUK, GUBBI, TUMKUR DISTRICT-572 216. 6. SRI.A.MALLIKARJUNA S/O ALEGOWDA MAJOR IN AGE, DIVINE FORMER, NO.11, CHELUR VILLAGE, CHELUR POST, GUBBI TALUK, TUMKUR DISTRICT-572 216. 7. DR.SHIVAKUMAR S/O CHANNAPPA SINCE DECEASED BY LEGAL REPRESENTATIVES SMT.S.M.ASHA W/O LATE DR.SHIVAKUMAR, MAJOR IN AGE,
8. KUMARI GOWSHIGNA D/O LATE DR. SHIVAKUMAR SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.S.M.ASHA,
9. MASTER VASISTA S/O LATE DR SHIVAKUMAR, SINCE MINOR REPRESENTED BY HER MOTHER AND NATURAL GUARDIAN SMT.S.M.ASHA
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HC-KAR NC: 2025:KHC:52272 WP No. 7631 of 2023 RESPONDENT NOS.7 TO 9 ARE R/AT DEVI NILAYA, 2ND CROSS, 2ND PARALAL ROAD, 3RD RIGHT ROAD, 4TH MAIN ROAD, JAYANAGARA WEST, TUMKUR-572 101. 10. SMT.JAYALAKSHMAMMA W/O LATE M.L.CHANNAPPA, MAJOR IN AGE, HARIHARA ROPPA, CHINAKA VAJRA POST, MADHUGIRI TALUK, TUMKUR DISTRICT-572 132. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1 TO R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNEXURE-G I.E., THE ENDORSEMENT ISSUED BY THE R-4 ON 18.03.2023 IN LETTER NO.SRO/TMK/657/2022-23 AND ALLOW THIS W.P. AND DISPOSE OF THE MATTER ON MERITS AND ACCORDING TO LAW AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
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HC-KAR NC: 2025:KHC:52272 WP No. 7631 of 2023 ORAL ORDER
Heard the learned counsel appearing for the parties. 2.
In this writ petition, petitioner is assailing the endorsement dated 18.03.2023 (Annexure-G) issued by respondent No.4, inter-alia sought for a direction to the respondent-authorities to enter the order of attachment in respect of the application made by the petitioner in respect of the subject land. 3. Having taken note of the submissions made by the learned counsel appearing for the parties, as the petitioner herein has benefit of an order passed by the competent authority as per Annexure-D to the writ petition in Case No.JRD/UBF/414/2022-23, which amounts to a decree passed by the Competent Court and therefore, I am of the view that respondent No.4 is directed to enter the order of attachment in respect of the petition schedule property in the records of the Office of the Sub-Registrar,
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HC-KAR NC: 2025:KHC:52272 WP No. 7631 of 2023 as claimed in terms of order at Annexure-D to the writ petition. 4. With this observation, the writ petition is accordingly disposed of. Respondent No.4 shall complete entire exercise within three months from the receipt of this order. Sd/- (E.S.INDIRESH) JUDGE NR/- CT-NN List No.: 1 Sl No.: 29