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2025 DAILYLAW 80035 (KAR)

SHRI RIYAZ PASHA v. SUB REGISTRAR

WP/4757/2023 · 2025-12-04

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:50728 WP NO.4757 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.4757 OF 2023 (GM-RES) BETWEEN: SHRI. RIYAZ PASHA S/O FAYAZ PASHA, AGED ABOUT 47 YEARS, R/AT NO.572, 1ST MAIN ROAD, 1ST 'A' CROSS, NEAR LAKSHMI NARASIMHA TEMPLE, BHUNESHWARINAGAR, R.T. NAGAR, BENGALURU - 560 032. …PETITIONER (BY SRI. RAVINDRA K., ADVOCATE) AND: 1. SUB-REGISTRAR MANDHYA DISTRICT, MANDHYA, KARNATAKA - 571 401. 2. CANARA BANK REP. BY ITS BRANCH MANAGER, SINDHAGHATTA BRANCH, K.R. PETE TALUK, MANDHYA DISTRICT, KARNATAKA - 571 416. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1; SRI. HEMANTH R. RAO, ADVOCTE FOR R2) Digitally signed by ARUNKUMAR M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:50728 WP NO.4757 OF 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.1 TO REGISTER THE SCHEDULE PROPERTY IN FAVOR OF THE PETITIONER AND QUASH THE ENDORSEMENT DATED 30TH JUNE, 2021 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A; DIRECT THE RESPONDENT NO.2 TO REFUND THE ENTIRE SALE CONSIDERATION I.E. RS.36,25,000/- (RUPEES THIRTY TWO LAKH TWENTY FIVE THOUSAND ONLY) ALONG WITH 24% INTEREST; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this writ petition, the petitioner is challenging the Endorsement dated 30th June, 2021 (Annexure-A) issued by the respondent No.1. 2. Heard Sri. Ravindranath K., learned counsel appearing for the petitioner; Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent No.1; and Sri. Hemanth R. Rao, learned counsel appearing for the respondent No.2. 3. Sri. Ravindranath K., learned counsel appearing for the petitioner contended that the petitioner is the purchaser of schedule property from the respondent No.2-Bank in the public auction by paying entire sale consideration amount of - 3 - HC-KAR NC: 2025:KHC:50728 WP NO.4757 OF 2023 Rs.36,25,000/- on 19th March, 2021. He further contended that the petitioner, after making payment of sale consideration to the respondent No.2-Bank, at the time of getting registration of the schedule property in his favour, came to know that there is a discrepancy in title of the property as per the impugned endorsement dated 30th June, 2021 (Annexure-A) issued by the respondent No.1. Therefore, he sought for interference of this Court taking into consideration the petitioner is a bonafide purchaser of the schedule property in the e-Auction conducted by the respondent No.2-Bank. 4. Per contra, Sri. Hemanth R. Rao, learned counsel appearing for the respondent No.2-Bank submits that, petitioner is having an efficacious remedy to approach the Debt Recovery Tribunal for redressal of his grievance in the event, if there is any dispute in respect of the title of the schedule property. 5. Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent No.1 submits that, since the entry in the Government records in respect of the schedule property is shown as Government property, unless the Revenue Sketch is produced - 4 - HC-KAR NC: 2025:KHC:50728 WP NO.4757 OF 2023 by the petitioner, the schedule property cannot be registered in favour of the petitioner. Accordingly, he sought to justify the impugned endorsement issued by the respondent No.1. 6. In the light of submission made by learned counsel appearing for the parties, on careful consideration of the averments made in the impugned endorsement issued by the respondent No.1, the same would indicate that the schedule property is belonged to the Government. In that view of the matter, as the petitioner had stated that, he is a purchaser of the schedule property by participating in the e-Auction conducted by the respondent No.2-Bank, I am of the view that the petitioner shall approach the Debts Recovery Tribunal for redressal of his grievance. In the event, if the petitioner approaches the Debts Recovery Tribunal within four weeks from the date of receipt of this order, the Tribunal shall expedite the hearing and take decision in the matter at the earliest. With this observation, writ petition stands disposed of. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 7