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2025 DAILYLAW 84278 (KAR)

VARADARAJA G S/O ANJANEYALU G v. THE SUB REGISTRAR

WP/109824/2025 · 2025-12-18

Anant Ramanath Hegde

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:18628 WP No. 109824 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 109824 OF 2025 (GM-RES) BETWEEN: VARADARAJA G. S/O. ANJANEYALU G., AGE. 40 YEARS, OCC. PVT. SERVICE, R/O. WARD NO.33, BEHIND URUKUNDA NILAYAM, DEVI NAGAR, BALLARI, TQ/DIST. BALLARI - 583103. …PETITIONER (BY SRI. VIJAYENDRA BHIMAKKANAVAR, ADVOCATE) AND: 1. THE SUB-REGISTRAR, OFFICE OF SUB-REGISTRAR, STATION ROAD, BALLARI, TQ/DIST. BALLARI-583101. 2. THE AUTHORIZED OFFICER, STATE BANK OF INDIA, STRESSED ASSETS RECOVERY BRANCH (40564), AVANI EMPORIO, NEAR ANANTH RESIDENCY, JAYACHAMARAJA NAGAR, HUBBALLI, DIST. DHARWAD-580020. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS DISPENSED WITH) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18628 WP No. 109824 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO CONSIDER THE LETTER DATED 04-10-2025 VIDE ANNEXURE-D ISSUED BY THE RESPONDENT NO.2 AND SO ALSO CONSIDER THE REPRESENTATION OF THE AUCTION PURCHASER/PETITIONER DATED 10-11-2025 VIDE ANNEXURE-F AND THEREBY DIRECT THE RESPONDENT NO.1 TO EXEMPT THE REGISTRATION OF SALE CERTIFICATES DATED 12.09.2025 VIDE ANNEXURE-A PERTAINING TO COMMERCIAL PLOT NO.79 MEASURING 108 SQ.MTRS CARVED OUT OF SY. NO.24/B5 SITUATED IN ANDARLU VILLAGE OF BALLARI AS PER 17(2) (XII) OF THE REGISTRATION ACT AND CONSEQUENTLY TO FILE/ENTER THE SALE CERTIFICATES IN BOOK-1 AS PER SECTION 89(4) OF THE REGISTRATION ACT AS PER THE LAW LAID DOWN BY THE HON’BLE APEX COURT IN THE CASE OF STATE OF PUNJAB V. M/S FERROUS ALLOY FORGINGS PUT LTD AND OTHERS 2024 SCC ONLINE SC 3372, IN THE INTEREST OF JUSTICE AND EQUITY; ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.1 TO CONSIDER THE CONSIDER LETTERS DATED 04-10-2025 VIDE ANNEXURE-E ISSUED BY THE RESPONDENT NO.2 AND SO ALSO CONSIDER THE REPRESENTATION OF THE AUCTION PURCHASER/PETITIONER DATED 10-11-2025 VIDE ANNEXURE-F AND THEREBY DIRECT THE RESPONDENT NO.1 TO EXEMPT THE REGISTRATION OF SALE CERTIFICATES DATED 12.09.2025 VIDE ANNEXURE-B PERTAINING TO VACANT SITE PLOT NO.224 IN THE LAYOUT CARVED OUT OF SY.NO.44,42/1, 42/2, 42/3, 43/2, 43/3 MEASURING 108 SQ.MTRS SITUATED IN SREEDHARAGADDE VILLAGE OF BALLARI AS PER 17(2) (XII) OF THE REGISTRATION ACT AND CONSEQUENTLY TO FILE/ENTER THE SALE CERTIFICATES IN BOOK-I AS PER SECTION 89(4) OF THE REGISTRATION ACT AS PER THE LAW LAID DOWN BY THE HON’BLE APEX COURT IN THE CASE OF STATE OF PUNJAB V. M/S FERROUS ALLOY FORGINGS PVT LTD AND OTHERS 2024 SCC ONLINE SC 3372, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18628 WP No. 109824 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) 1. Learned Additional Government Advocate accepts notice on behalf of respondent No.1. 2. Notice to respondent No.2 is dispensed with as no relief is sought against respondent No.2. 3. Learned counsel for the petitioner would submit that issue raised in the present petition relating to registration of the sale certificate issued pursuant to auction, does not require registration and there has to be an appropriate entry in Book-1 relating to the sale certificate and registration can be deferred until the stage when the auction purchaser intends to transfer the property. 4. Learned counsel for the petitioner would refer to the judgment of the Apex Court in the case of State of - 4 - HC-KAR NC: 2025:KHC-D:18628 WP No. 109824 of 2025 Punjab and Another vs. M/s. Ferrous Alloy Forgings P. Ltd1. 5. Learned Additional Government Advocate does not dispute the proposition. 6. Hence, the following: ORDER i. Writ petition is allowed. ii. Respondent No.1-Sub Registrar is directed to make necessary entry in Book No.1. iii. The compliance shall be made within 30 days from the date of the receipt of the copy of this order. Sd/- (ANANT RAMANATH HEGDE) JUDGE AM CT-MCK LIST NO.: 1 SL NO.: 54 12024 SCC OnLine SC 3372