- 1 - HC-KAR NC: 2025:KHC:29346-DB WA No. 1761 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT APPEAL NO. 1761 OF 2024 (GM-RES) BETWEEN: 1. STATE OF KARNATAKA, REP. BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, ROOM NO.627, 6TH FLOOR, GATE NO.1, MS BUILDING, DR. B R AMBEDKAR VEEDHI, BENGALURU-560 001. 2. SUB-REGISTRAR, JP NAGAR SUB-REGISTRAR OFFICE, JP NAGAR, BENGALURU-560 078. …APPELLANTS (BY SRI K.S HARISH, GOVT. ADVOCATE) AND: 1. BHARATHGOWDA, S/O. THIMMEGOWDA, AGED ABOUT 40 YEARS, NO.65, VANIVILAS ROAD, BASAVANAGUDI, BENGALURU-560 004. 2. CANARA BANK, BY SPECIALIZED ASSET RECOVERY MANAGEMENT BRANCH-1, 2ND FLOOR, CO BLDG NO.86, Digitally signed by NANDINI R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29346-DB WA No. 1761 of 2024 SPENCER TOWERS, MG ROAD, BENGALURU-560 001. REP. BY AUTHORIZED OFFICER. …RESPONDENTS (BY SRI SWAROOP S, ADVOCATE FOR R-1; MS. PREETHU, ADVOCATE FOR SRI VIGNESH SHETTY, ADVOCATE FOR R-2) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS IN WRIT PETITION No. 7872/2024 AND TO SET ASIDE THE ORDER DATED 28.05.2024 PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 7872/2024. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The appellant has filed present appeal impugning an order dated 28.05.2024 passed by the learned Single Judge of this Court in WP.No.7872/2024. Respondent No.1 [Bharathgowda] had filed the aforementioned petition inter alia praying that the Sub-Registrar be directed to register a Sale Certificate dated 30.09.2022 issued by respondent No.2 [Canara Bank]. Respondent No.2 had - 3 - HC-KAR NC: 2025:KHC:29346-DB WA No. 1761 of 2024 sold the property to respondent No.1 in exercise of powers conferred and by enforcing its security interest in terms of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [SARFAESI Act]. Notwithstanding the said sale, the Sub-Registrar has declined to register the sale certificate inter alia on the ground that there are some dues owed to the Income Tax Department. The learned Single Judge has held that the registration of sale certificate could not be withheld or declined on the aforesaid ground and accordingly, has issued the following directions: ORDER "(i) The writ petition is allowed. (ii) Mandamus issues to the 2nd respondent/Sub- Registrar to register the document brought before him by the petitioner forthwith; the moment copy of this order is brought to his notice, without booking any delay. (iii) The State Government is directed to issue a Circular to all the Sub-Registrars in the State in tune with this order so that persons, who are wanting to get their documents registered, need not every time knock at the doors of this Court. - 4 - HC-KAR NC: 2025:KHC:29346-DB WA No. 1761 of 2024 (iv) The Circular to be so issued shall bear reference to the Rules and the Judgement of the Apex Court quoted in this order. (v) Compliance with issuance of circular be reportd to this court within eight weeks from the date of receipt of a copy of this order." 2. The learned Government Advocate submits that the impugned order has been complied with and the sale certificate has been registered. He however submits that there is little scope for issuing the Circulars to all Sub- Registrars as currently the entire process is online and there is hardly an interference on the part of the Sub- Registrars. In addition, he submits that the Registrar has a power of superintendence over Sub-Registrar under Section 68 of the Registration Act, 1908 and if any person is aggrieved from inaction on the part of the Sub-registrar to register the documents, the said person can approach the Registrar. - 5 - HC-KAR NC: 2025:KHC:29346-DB WA No. 1761 of 2024 3. He submits that the appellants' grievance in all thus is confined to the directions for issuing the blanket circular. 4. It is apparent from the plain reading of the impugned order that the State Government has been directed to issue Circular to the Sub-Registrars for ensuring that persons desiring to get their documents registered are not put to any undue hardship. The State Government in its discretion shall determine the scope of the circular bearing in mind the said objective. 5. We dispose of the present appeal modifying the direction issued in the impugned order to the aforesaid extent. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE NR/-/List No.: 1 Sl No.: 39