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2025 DAILYLAW 82249 (KAR)

THE INSPECTOR GENERAL OF v. M ARUMUGAM

WA/1063/2025 · 2025-11-26

C M Poonacha

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:49266-DB WA No. 1063 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1063 OF 2025 (KLR-RR/SUR) BETWEEN: 1. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS KANDHAYA BHAVAN 8TH FLOOR, K.G.ROAD, BANGALORE - 560001 2. THE DISTRICT REGISTRAR DEPARTMENT OF REGISTRATION OF STAMPS, NO.12, 1ST FLOOR, 1ST MAIN ROAD, JAYANAGAR, 4TH BLOCK EAST BANGALROE - 560011 3. THE SUB REGISTRAR BEGUR ROAD, JOSEPH LAYOUT DEVARACHIKKANA HALLI BANGALORE - 560068 …APPELLANTS (BY SRI. K.S. HARISH, GA) AND: M ARUMUGAM Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49266-DB WA No. 1063 of 2025 S/O MURUGA PILLAI AGED ABOUT 64 YEARS R/AT NO. 106/A, 3RD CROSS 1ST MAIN ROAD PRAKASH NAGAR BANGALORE 560 021 …RESPONDENT (BY SRI. PRASANNA KUMAR S, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT 1961 PRAYING TO CALL FOR RECORDS, ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 07/11/2023 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP NO.17025/2023 AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL JUDGMENT (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. For the reasons stated in the affidavit accompanying the application – I.A.1/2025, the same is allowed and the delay in filing the appeal is condoned. 2. The appellants have filed the present appeal impugning an order dated 07.11.2023, passed in W.P.No.17025/2023 [KLR- RR/SUR], whereby the appellants were directed to register the - 3 - HC-KAR NC: 2025:KHC:49266-DB WA No. 1063 of 2025 Sale Deeds furnished by the private respondents without insisting on production of 11-E survey sketch. The appellants were insisting on furnishing of such sketch for registering the Sale Deeds in terms of a Circular issued by the Government which had been set aside by this Court in another Writ Petition No.18939/2009 and other connected matters. 3. Learned AGA submits that some of the orders striking down the said requirement of furnishing the 11-E sketch were carried in appeal and the petitions for Special Leave to Appeal are pending before the Supreme Court. He states that notices have been issued, but the SLPs have not been disposed of by the Supreme Court. He has also handed over an order dated 11.07.2016 in SLP (C) Nos. 15837-15838/2016, whereby the judgments passed by this Court to the said effect were stayed. 4. He submits that notwithstanding that the decision of this Court had been stayed, the learned Single Judge has directed that the registrations be effected without insisting for 11-E sketch in terms of the orders passed by this Court. - 4 - HC-KAR NC: 2025:KHC:49266-DB WA No. 1063 of 2025 5. Considering that the stay order has been granted at least in one such Special Leave Petition and the petitions are pending consideration by the Supreme Court, the directions issued by the learned Single Judge are required to be stayed. 6. Learned AGA points out that in one such matter in W.A. No.1087/2025 [GM-RES], this Court by an order dated 21.08.2025 [NC: 2025: KHC: 32669-DB] disposed of the appeal with the following observations. We also consider it apposite to clarify that in the event the appellants do not furnish the 11E sketch and stand by their contention that the same is not necessary, the respondents would abide by the decision of the Supreme Court in regard to the sale deeds, which are subject matter of the writ petition, as well. This observation would obviously be relevant if the appellants do not furnish the 11E sketch as directed. In the event the appellants furnish the 11E sketches as required, the respondents shall abide by the directions of the learned Single Judge, as set out in the impugned order. 7. The counsel appearing for the private respondent submits that the present appeal may also be disposed of the with the aforesaid directions. - 5 - HC-KAR NC: 2025:KHC:49266-DB WA No. 1063 of 2025 8. In view of the above, the impugned order is set aside. It is further directed that in the event, the private respondent furnishes the 11-E sketch, the concerned authority shall register the documents as required and release the documents after registration. However, in the event, the concerned respondents do not furnish the 11-E sketch and pursue their contention that the same is not necessary, the parties shall await and abide by the decision of the Supreme Court with regard to said issue. 9. Appeal is disposed of with the aforesaid terms. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE BS - List No.: 1 Sl No.: 6