- 1 - HC-KAR CNR: KAHC010364492025 NC: 2026:KHC:37103 WP No. 16617 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 16617 OF 2025 (GM-R/C) BETWEEN: SMT. SWATHI K S W/O AKARSHA B.S. AGED ABOUT 30 YEARS NO.30, RESIDENT OF BOLLEKKU HOUSE SHANTHIGODU POST AND VILLAGE PUTTUR TALUK, DAKSHINA KANNADA DISTRICT KARNATAKA - 574 202. …PETITIONER (BY SRI. NAGARAJA R., ADVOCATE) AND: 1. THE SUB REGISTRAR OFFICE OF THE SUB REGISTRAR NEAR BANTWALA TALUK OFFICE DAKSHINA KANNADA DISTRICT BANTWALA - 574 219. 2. THE DISTRICT REGISTRAR DAKSHINA KANNADA DISTRICT OFFICE OF THE DISTRICT REGISTRAR STAMPS AND REGISTRATION DEPARTMENT BEHIND OFFICE OF THE DEPUTY COMMISSIONER NEAR STATE BANK OF INDIA – MAIN BRANCH BANDAR ROAD, MANGALURU DAKSHINA KANNADA DISTRICT - 575 001. 3. DEPARTMENT OF STAMPS AND REGISTRATION REPRESENTED BY THE UNDER SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010364492025 NC: 2026:KHC:37103 WP No. 16617 of 2025 4. KARNATAKA BANK LTD., BANTWALA (B C ROAD) BRANCH BANTWAL - MUDA (B C ROAD) FIRST FLOOR, KARTHIK COMPLEX PO JODUMARGA, BANTWAL (INDIA) KARNATAKA - PIN 574 219 REP. BY IT'S BRANCH MANAGER. 5. THE RECOVERY OFFICER-II THE HON'BLE DEBT RECOVERY TRIBUNAL-1 4TH FLOOR, TELEPHONE HOUSE RAJBHAVAN ROAD, BENGALURU-560 001. …RESPONDENTS (BY SRI MOHAMMED JAFAR SHAH., ADVOCATE FOR AGA FOR R1 TO R3; SRI NITIN CHANDRA, ADVOCATE FOR R4; NOTICE TO R5 IS DEFERRED FOR THE PRESENT ON 12.06.2025 THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI AND QUASH THE LETTER/ENDORSEMENT BEARING REF.NO.28/2025-26 DATED 02-05-2025 ISSUED BY THE RESPONDENT NO.1 VIDE ANNEXURE J AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. The Petitioner- auction purchaser is before this Court seeking the following reliefs: a. Issue a Writ in the nature of certiorari and quash the Letter/endorsement bearing Ref. No. 28 /2025- 26 dated 02-05-2025 Issued by the Respondent No.1 vide Annexure J. b. Issue a Writ in the nature of mandamus or any other writ or order directing the Respondent No. 1 to 3 to register the sale certificate dated 10-02- - 3 - HC-KAR CNR: KAHC010364492025 NC: 2026:KHC:37103 WP No. 16617 of 2025 2025 at Annexure -D without insisting for additional stamp duty or registering fee in accordance with Sec 23-A of Indian Registration Act. c. Issue a Writ in the nature of mandamus or any other writ or order directing the Respondent No. 1 to 3 to refund the stamp duty for wrongly collecting the collecting stamp duty without authority while registering document at Annexure F. d. To pass such other order/s Relief/s as this Hon'ble court deems fit and necessary in the interest of justice and equity. 2. The Debt Recovery Tribunal having conducted an auction of an immovable property viz., Apartment Building at Kankanadiy Village, Mangaluru through E-public auction, the petitioner was a successful purchaser. A sale certificate came to be issued by the Recovery Officer to the petitioner, an order of confirmation of sale also came to be issued on 10.02.2025. The petitioner-auction purchaser instead of presenting the sale certificate for registration submitted the order of confirmation sale for registration, which was so registered on 19.03.2025 by collecting the applicable stamp duty on such sale. 3. Realizing that the order of confirmation of sale is not a sale per se, but it is only a confirmation and it was in fact the sale certificate which was required to be registered, the petitioner made a representation to the respondent to register the sale certificate without - 4 - HC-KAR CNR: KAHC010364492025 NC: 2026:KHC:37103 WP No. 16617 of 2025 insisting on additional stamp duty. The same came to be rejected by the respondent on by the impugned endorsement dated 02.05.2025 at Annexure-J stating that once a document has been registered, there is no scope for re-registration of another document relating to the very same property, it is the said order dated 02.05.2026 which is under challenge before this Court. 4. There is no dispute by respondent No.4 of the sale of the aforesaid property in favour of the petitioner. Unfortunately, due to a mistake the petitioner- auction purchaser has submitted the confirmation of sale for registration and paid stamp duty thereon, instead of the sale certificate. The fact, however, remains that the confirmation of sale has been registered on the payment of the stamp duty and the sale certificate has remained unregistered. Once the registration of a document has been completed the question of registering another document without payment of the stamp duty on the same property would not arise, as rightly stated in the impugned endorsement. 5. Taking into consideration the peculiarity of the matter, the above situation having arisen on account of mistake committed by the petitioner, I am of the - 5 - HC-KAR CNR: KAHC010364492025 NC: 2026:KHC:37103 WP No. 16617 of 2025 considered opinion that the official respondents could be directed to issue an endorsement to the petitioner stating that the registration of the confirmation of sale would equally apply to the sale certificate, both in terms of the registration as also on the stamp duty payable thereon. As such, this Court passes the following; ORDER i. The writ petition stands disposed. ii. Respondent No.2 is directed to issue such a certificate referring to both the confirmation of sale and the sale certificate indicating the sufficiency of the stamp duty paid for such sale. iii. Such certificate is directed to be issued within a period of three weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE SR List No.: 1 Sl No.: 59