Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 11252 (KAR)

MUNEGOWDA v. STATE OF KARNATAKA

WP/26316/2025 · 2026-03-04

Sachin Shankar Magadum

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.26316 OF 2025 (GM-ST/RN) BETWEEN: MUNEGOWDA S/O LATE PILLA MUNIYAPPA AGED ABOUT 62 YEARS RESIDENT OF NAMBIGANAHALLI VILLAGE KASABA HOBLI MALUR TALUK KOLAR DISTRICT PIN - 563 130 …PETITIONER (BY SRI. B.SHARATH KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, DR.AMBEDKAR VEEDHI BENGALURU - 560 001 BY ITS CHIEF SECRETARY 2. THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION 8TH FLOOR, KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU - 560 009 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 3. THE DISTRICT REGISTRAR OF REGISTRATION AND DEPUTY COMMISSIONER OF REGISTRATION KOLAR DISTRICT 4. THE SUB REGISTRAR MALUR KOLAR DISTRICT 5. MUNIYAPPA @ GUNTUMUNIYAPPA SINCE DEAD BY LRS BHAGYAMMA W/O MUNIYAPPA @ GANTUMUNIYAPPA AGED ABOUT 58 YEARS 6. MALA D/O MUNIYAPPA @ GANTUMUNIYAPPA AGED ABOUT 28 YEARS 7. ASHOK S/O MUNIYAPPA @ GANTUMUNIYAPPA AGED ABOUT 28 YEARS 8. RAMAPPA S/O MUNIYAPPA @ GANTUMUNIYAPPA AGED ABOUT 27 YEARS RESPONDENT NOS.5 TO 8 ARE RESIDENTS OF AGRAHARA HOSAHALLI VILLAGE KASABA HOBLI MALUR TALUK KOLAR DISTRICT - 563 130 …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R.1 TO R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ALLOW THE ABOVE PETITION BY ISSUING A WRIT OF MANDAMUS DIRECTING - 3 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 THE SUB REGISTRAR TO RELEASE THE REGISTERED SALE DEED DATED 14-06-2019 IN RESPECT OF THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER AND TO PASS APPROPRIATE ORDER BY DIRECTING TO ENTER THE NAME OF THE PETITIONER ONLY IN RESPECT OF THE SITES IN QUESTION, PASS SUCH OTHER SUITABLE ORDERS DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE INCLUDING THE ORDERS AS TO THE COSTS OF THIS PETITION, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned writ petition is filed seeking a direction against the jurisdictional Sub-Registrar to release the registered Sale Deed dated 14.06.2019 pertaining to the suit schedule property. 2. Learned AGA referring to the records has pointed out that the sale deed pertains to a revenue site. Therefore, the Sub-Registrar is insisting on production of an 11-E sketch. - 4 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 3. On perusal of the material placed on record, it is evident that the petitioner has secured execution of a registered sale deed pursuant to the decree for specific performance of contract passed in O.S.No.488/2014. The records further disclose that the sale deed was executed not by the judgment debtor personally but through the Court Commissioner appointed in the execution proceedings, in compliance with the decree passed by the competent Civil Court. However, the mere execution of a sale deed pursuant to a decree does not, by itself, confer an indefeasible right upon the petitioner to insist upon its registration or release when the transaction itself is contrary to the statutory scheme governing the property. 4. In the present case, the property covered under the sale deed is described as a revenue site carved out in an agricultural land. The Sub-Registrar has declined to release the document on the ground that the petitioner has failed to produce the mandatory 11-E sketch. The requirement of production of the 11-E sketch is not a mere - 5 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 procedural formality but is intended to ensure that the site sought to be conveyed forms part of a legally approved layout or a duly converted land in accordance with the applicable revenue and planning laws. When a site is formed in agricultural land without obtaining the requisite conversion and without approval of the competent authority, such a site assumes the character of an unauthorized revenue site. 5. It is well settled that sale of revenue sites formed in agricultural lands, without obtaining conversion under the relevant provisions of the Karnataka Land Revenue Act and without approval of the competent planning authority, is impermissible in law. Transactions relating to such revenue sites are opposed to the statutory scheme regulating land use and layout formation. Consequently, the registering authority is justified in insisting upon compliance with the statutory requirements before releasing the registered instrument. - 6 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 6. Therefore, even though the petitioner has obtained a decree for specific performance and has secured execution of the sale deed through the Court Commissioner in execution proceedings, such decree cannot override the statutory prohibitions governing transfer of revenue sites. In the absence of proof that the land has been duly converted and that the site forms part of an approved layout, coupled with the non-production of the 11-E sketch, the petitioner cannot assert a legal right to demand release of the sale deed from the office of the Sub-Registrar. The refusal by the registering authority, in the circumstances, cannot be said to be arbitrary or illegal, but is in consonance with the statutory restrictions governing alienation of revenue sites. 7. Liberty is, however, reserved to the petitioner to seek appropriate relief in accordance with law, subject to the outcome of the Writ Appeal pending consideration before the Division Bench, wherein the issue relating to the insistence on production of the 11-E sketch is under - 7 - HC-KAR NC: 2026:KHC:13205 WP No. 26316 of 2025 examination. Any right or claim of the petitioner to seek release of the document shall therefore abide by the decision that may be rendered by the Division Bench in the said proceedings. Accordingly, the writ petition is dismissed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 11