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2026 DAILYLAW 32956 (KAR)

SRI.SYED MOULANA v. THE STATE OF KARNATAKA

WP/25113/2025 · 2026-08-10

Suraj Govindaraj

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25113 OF 2025 (GM-ST/RN) BETWEEN: 1. SRI.SYED MOULANA SON OF LATE SYED KHALEEL SHAH, AGED ABOUT 50 YEARS, RESIDING AT LAKKUR VILLAGE, NELAMANGALA TALUK - 560 102. BANGALURU RURAL DISTRICT. … PETITIONER (BY SRI. FAYAZ SAB B G., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU - 560 001. 2. THE SUB REGISTRAR NELAMANGALA TOWN, NELAMANGALA TALUK - 560 105. BENGALURU RURAL DISTRICT. 3. THE SUB REGISTRAR DODDABALLAPURA TOWN, DODDABALLAPURA TALUK - 560 105. BENGALURU RURAL DISTRICT. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 4. SMT JABEEN TAJ D/O LATE SYED KHURSHID PASHA, AGED ABOUT 59 YEARS. 5. SMT SHABANA TAJ WIFE OF LATE SYED KHURSHID PASHA, AGED ABOUT 43 YEARS. 6. SRI SYED JUNED PASHA SON OF LATE SYED ASIF PASHA, AGED ABOUT 24 YEARS. 7. KUMARI RUKHIYA D/O LATE SYED ASIF PASHA, AGED ABOUT 22 YEARS. 8. SRI SYED MOHAMMED PASHA SON OF LATE SYED KHUSHEED SHAH AGED ABOUT 48 YEARS. 9. SRI SYED YASEEN PASHA SON OF LATE SYED KHURSHEED SHAH AGED ABOUT 42 YEARS. 10. SRI SYED MEHABOOB PASHA SON OF LATE SYED KHURSHEED SHAH AGED ABOUT 39 YEARS. 11. SRI SYED CHAND PASHA SON OF LATE SYED KHURSHEED SHAH AGED ABOUT 42 YEARS. 12. SMT JABEEN TAJ D/O LATE SYED KHURSHEED SHAH, AGED ABOUT 53 YEARS. 13. SRI SANAULLA SON OF RAHAMATH ULLA AGED ABOUT 55 YEARS. - 3 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 14. SRI MOHAMMED FAIZULLA SON OF SANAULLA AGED ABOUT 30 YEARS. 15. SRI MOHAMMED YUSUFULLA SON OF SANAULLA AGED ABOUT 29 YEARS. 16. SMT GHOUSIYA KAUSAR D/O SANAULLA AGED ABOUT 23 YEARS. 17. SMT TABASUM D/O LATE SYED KHURSHEED SHAH AGED ABOUT 35 YEARS. 18. SMT SHABEENA TAJ D/O LATE SYED KHURSHEED SHAH AGED ABOUT 33 YEARS. 19. SMT SHAHEEN SABA D/O LATE SYED KHURSHEED SHAH AGED ABOUT 39 YEARS. 20. SMT NASREEN TAJ D/O LATE SYED KHURSHEED SHAH AGED ABOUT 38 YEARS. 21. SMT ASMATH UNNISA D/O LATE SYED KHALEEL SHAH AGED ABOUT 57 YEARS. 22. SRI SYED MUNEER PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 55 YEARS. 23. SRI SYED HABIB SHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 53 YEARS - 4 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 24. SRI SYED SALEEM PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 57 YEARS 25. SMT ANSAR UNNISA D/O LATE SYED KHALEEL SHAH AGED ABOUT 49 YEARS 26. SMT NUZARATH UNNISSA D/O LATE NAZMUNNISA AGED ABOUT 38 YEARS 27. SRI SYED MUJAHID PASHA SON OF LATE NAZMUNNISA AGEDA BOUT 33 YEARS 28. SMT RAZIA SULTHANA D/O LATE NAZMUNNISA AGED ABOUT 32 YEARS 29. SMT. RESHMA SON OF LATE NAZMUNNISA AGED ABOUT 33 YEARS 30. SMT. NOORUNNISSA D/O LATE NAZMUNNISA AGED ABOUT 26 YEARS 31. SMT ISHRAT UNNISSA D/O LT NAZMUNNISA AGED ABOUT 38 YEARS 32. SRI SYED GHOUSE PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 45 YEARS 33. SRI SYED AKRAM PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 43 YEARS - 5 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 34. SRI SYED AZAM PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 41 YEARS 35. SMT SHAKEELA D/O LATE SYED KHALEEL SHAH AGED ABOUT 37 YEARS 36. SMT NASIMUNNISA WIFE OF LATE NOORULLA SHAH AGED ABOUT 53 YEARS 37. SMT SAMEEN HAZARA D/O LATE NOORULA SHA AGED ABOUT 33 YEARS 38. SMT SAMEEN SAHIRA D/O LATE NOORULLA SHA AGED ABOUT 27 EYARS 39. SMT GOUSIA BANU D/O LATE NOORULLA SHA AGED ABOUT 25 YEARS 40. SMT ASMATH UNNISA D/O LATE SYED KHALEEL SHAH AGED ABOUT 57 YEARS 41. SRI SYED MUNNER PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 55 YEARS 42. SRI SYED HABIB SHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 53 YEARS 43. SRI SYED SALEEM PASHA SON OF LATE SYED KHALEEL SHAH AGED ABOUT 57 YEARS - 6 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 44. SMT.ANSAR UNNISA, D/O. LATE SYED KHALEEL SHAH, AGED ABOUT 49 YEARS, 45. SMT.NUZARATH UNNISSA, D/O.LATE NAZMUNNISA, AGED ABOUT 38 YEARS, 46. SRI SYED MUJAHID PASHA, SON OF LATE NAZMUNNISA, AGED ABOUT 13 YEARS, 47. SMT.RAZIA SULTHANA, D/O. LATE NAZMUNNISA, AGED ABOUT 32 YEARS, 48. SMT.RESHMA, SON OF LATE NAZMUNNISA, AGED ABOUT 33 YEARS, 49. SMT.NOORUNNISSA, D/O. LATE NAZMUNNISA, AGED ABOUT 26 YEARS, 50. SMT.ISHRAT UNNISSA, D/O.LATE NAZMUNNISA, AGED ABOUT 38 YEARS, 51. SRI SYED GHOUSE PASHA, SON OF LATE SYED KHALEEL SHAH, AGED ABOUT 45 YEARS, 52. SRI.SYED AKRAM PASHA, SON OF LATE SYED KHALEEL SHAH, AGED ABOUT 43 YEARS, 53. SRI.SYED AZAM PASHA, SON OF LATE SYED KHALEEL SHAH, AGED ABOUT 41 YEARS, - 7 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 54. SMT.SHAKEELA, D/O. LATE SYED KHALEEL SHAH, AGED ABOUT 37 YEARS, 55. SMT.NASIMUNNISA, WIFE LATE NOORULLA SHA AGED ABOUT 53 YEARS, 56. SMT.SAMEEN HAZARA, D/O.LATE NOORULLA SHA AGED ABOUT 33 YEARS, 57. SMT.SAMEEN SAHIRA, D/O.LATE NOORULLA SHA AGED ABOUT 27 YEARS, 58. SMT.GOUSIA BANU, D/O.LATE NOORULLA SHA AGED ABOUT 25 YEARS, ALL ARE RESIDING AT LAKKURU VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK-562 111, BENGALURU RURAL DISTRICT. 59. SMT.UMADEVI, WIFE OF RAMAIAH, AGED ABOUT 41 YEARS, RESIDING AT SADASHIVANAGARA, NELAMANGALA TALUK-562 123, 1ST MAIN, 3RD CROSS, BENGALURU RURAL DISTRICT … RESPONDENTS (BY SRI. MOHAMMED JAFAR SHAH, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS: - 8 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 1. DIRECTION, OR ORDER, DIRECTING THE RESPONDENT NOS.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 09.01.2025, WHICH IS PRODUCED AND MARKED AS ANNEXURE-T SUBMITTED BY THE PETITIONER TO CANCEL THE ALLEGED AGREEMENT OF SALES DATED 24.09.2024 AND 17.01.2025 WHICH ARE PRODUCED AND MARKED AS ANNEXURES-R AND S, HAVE BEEN REGISTERED BY VIOLATING THE INTERIM ORDER DATED 28.11.2024 PASSED IN R.A. NO.35/2024 ON THE FILE OF I ADDL. SENIOR CIVIL JUDGE AND JMFC AT NELAMANGALA, WHICH IS PRODUCED AND MARKED AS ANNEXURE-Q, 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 SURAJ GOVINDARAJ ORAL ORDER 1. Petitioner is before this Court seeking for the following reliefs: i) To issue a Writ of Mandamus, in the nature of direction, or order, directing the Respondent Nos.2 and 3 to consider the Representation dated 09.01.2025, which is produced and marked as Annexure-T submitted by the petitioner to Cancel the alleged Agreement of Sales dated 24.09.2024 and 17.01.2025 which are produced and marked as Annexures-R and S, have been registered by violating the Interim Order dated 28.11.2024 passed in R.A. No.35/2024 on the file of I Addl. Senior Civil Judge and JMFC at Nelamangala, which is produced and marked as Annexure-Q, in the interest of justice and equity; - 9 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 ii) To direct, the Hon'ble Karnataka Lokayuktha Police to conduct enquiry against the Respondent No.2 and 3 for illegal registering an Agreement of Sales dated 24.09.2024 and 17.01.2025 by violating the Interim Order dated 28.11.2024 passed in R.A. No.35/2024 on the file of I Addl. Senior Civil Judge and JMFC at Nelamangala, which is produced and marked as Annexure-Q, in the interest of justice and equity; iii) To grant, such other relief or relief/s as this Hon'ble Court deems fit to grant under the circumstances of the case, in the interest of justice and equity." 2. The grievance of the petitioner is that the representation which has been submitted by the petitioner to respondent Nos. 2 and 3 i.e., Sub- Registrar, Nelamangala and Sub-Registrar, Doddaballapura Taluk, on 09.01.2025 at Annexure-T has not been considered by respondent Nos. 2 and 3. 3. The representation which had been submitted is for cancellation of the agreement of sale executed amongst the other respondents which is stated to be in violation of the interim order dated 28.11.2024 - 10 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 passed in R.A. No.35/2024 by the I Additional Senior Civil Judge, Nelamangala. 4. The submission of Sri. Fayaz Sab B G, learned counsel for the petitioner is that the agreement of sale having been executed in violation of the interim order and registered by respondent Nos. 2 and 3 once it was brought to the notice of respondent Nos. 2 and 3, there is a violation of the interim order. It was required for the Sub-registrars to have cancelled the registered agreements. 5. This Court is unable to accept the submission of the learned counsel for the petitioner. If there is violation of any interim order, it is for the petitioner to have approached the appropriate Court and avail appropriate remedies. Since there are admittedly registered agreements of sale, it is for the petitioner to seek for such reliefs as are permissible including cancellation of those registered agreements of sale. - 11 - HC-KAR CNR: KAHC010544112025 NC: 2026:KHC:42140 WP No. 25113 of 2025 Representation to the Sub-registrars cannot be the basis for cancellation of a registered agreement of sale. There is no vested interest in the petitioner seeking for such a relief. Hence, a mandamus cannot be issued to the respondents to consider such a representation. 6. No grounds being made, petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE VP