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2026 DAILYLAW 33681 (KAR)

CHIRAG N R v. STATE OF KARNATAKA

WP/23155/2026 · 2026-08-06

Jyoti M

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR CNR: KAHC010510232026 NC: 2026:KHC:41430 WP No. 23155 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MS. JUSTICE JYOTI M WRIT PETITION NO. 23155 OF 2026 (GM-DRT) BETWEEN: CHIRAG N.R., S/O. RAJASAB N.C., AGED ABOUT 42 YEARS, R/AT NO.25, FLAT NO.002, GROUND FLOOR, SRI SAI RESIDENCY, MUTHYALANAGARA, BENGALURU-560054. …PETITIONER (BY SRI. DHIRAJ A.K., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001. 2. INSPECTOR GENERAL OF REGISTRATION, 8TH FLOOR, KANDAYA BHAVAN, K.G.ROAD, BENGALURU-560 001. 3. DISTRICT REGISTRAR, JAYANAGAR REGISTRATION DISTRICT NO.4, OLD NO. 622/623, 3RD FLOOR, 10TH A BLOCK, 4TH BLOCK, JAYANAGAR, BENGALURU-560 011. 4. SUB REGISTRAR, BTM LAYOUT, NO.12, 100 FEET ROAD, Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010510232026 NC: 2026:KHC:41430 WP No. 23155 of 2026 BTM LAYOUT, 1ST PHASE, OPPOSITE WATER TANK BUS STAND BENGALURU-560 029. …RESPONDENTS (BY SRI. RAJA KUMAR M., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Dhiraj A.J., counsel for the petitioner and Sri.Raja Kumar M., counsel for the respondents appeared in person. 2. This petition is filed seeking following reliefs: (a) To direct the respondent No.4 to record the sale certificate dated 28.09.2024 (Annexure-B) in Book No.1 for Flat No.FF103, first floor measuring 1104 Sq.ft. of super built up area along with one covered car parking slot in multistoried residential complex known as Shree Lakshmi Grand constructed on property No.144, carved out of Sy.No.6 situated at Sreenivagilu Amanikere, Begur Hobli, Bangalore South Taluk in accordance with Section 89 of Registration Act 1908 in favour of petitioner in Book -1 as per the representation - 3 - HC-KAR CNR: KAHC010510232026 NC: 2026:KHC:41430 WP No. 23155 of 2026 dated 20.01.2025 at Annexure-D and covering letter dated 30.09.2024 at Annexure-C. (b) To issue any other suitable writ or order or direction which this Hon'ble Court deems fit in the circumstances of the case, in the interest of justice. 3. Suffice it to note that the petitioner purchased the scheduled property in E-auction conducted by the Kotak Mahindra Bank and sale certificate was issued on 28.09.2024. The petitioner's grievance is that despite the sale certificate, respondent No.4 has not entered the same in Book No.1 and has failed to register. The law is settled by the Apex Court that the mandate of law in terms of Section 17 (2) (xii) read with Section 89 (4) of the Registration Act, 1908, only required the authorized officer of the Bank under the SARFAESI Act to hand over the duly validated sale certificate to the auction purchaser with a copy forwarded to the registering authorities to be filed in Book No.1 as per Section 89 of the Registration Act. - 4 - HC-KAR CNR: KAHC010510232026 NC: 2026:KHC:41430 WP No. 23155 of 2026 Under these circumstances, this Court deems it proper to direct respondent No.4 to make necessary entry in Book No.1 and register the sale certificate in terms of Section 89 of the Registration Act. 4. With the above observations, the writ petition is disposed of. Sd/- (JYOTI M) JUDGE SS List No.: 1 Sl No.: 4