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2026 DAILYLAW 39658 (KAR)

PREMAKALA PRABHAKAR REDDY v. STATE OF KARNATAKA

WP/49989/2019 · 2026-09-15

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR CNR: KAHC010445212019 NC: 2026:KHC:49995 WP No. 49989 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 49989 OF 2019 (GM-ST/RN) BETWEEN: 1. PREMAKALA PRABHAKAR REDDY W/O M. PRABHAKAR REDDY AGED ABOUT 68 YEARS, RESIDING AT NO.3783, 13TH B MAIN HAL II STAGE, INDIRANAGAR BANGALORE-560 008. …PETITIONER (BY SRI. SATISH .K, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE (STAMPS AND REGISTRATION) REPRESENTED BY ITS PRINCIPAL SECRETARY M S BUILDING, BANGALORE-560 001. 2. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS 8TH FLOOR, KANDAYA BHAVAN K G ROAD, BANGALORE-560 009. 3. THE SENIOR SUB-REGISTRAR VARTHUR, B M COMPLEX, MATSANDRA ROAD, BANGALORE-560 087. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR, AGA FOR R1) Digitally Signed By: SACHIN SHANKAR MAGADUM Verified Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010445212019 NC: 2026:KHC:49995 WP No. 49989 of 2019 THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS FROM THE RESPONDENTS, DIRECT THE R3 TO REGISTER AND RELEASE THE SALE DEED DTD.5.10.2007 VIDE ANNEX-A PRESENTED BY THE PETITIONER WHICH IS KEPT PENDING AS DOCUMENT BEARING NO.P.3990/2007.08 IN RESPECT OF THE PETITION SCHEDULE 'A' PROPERTY, SALE DEED DTD.3.12.2007 ANNEX-C PRESENTED BY THE PETITIONER WHICH IS KEPT PENDING AS DOCUMENT BEARING NO.P.558/2007-08 IN INSPECTOR OF THE PETITIONER SCHEDULE B PROPERTY AND SALE DEED DTD.22.1.2008 ANNEX-E PRESENTED BY THE PETITIONER WHICH IS KEPT PENDING AS DOCUMENT BEARING NO.P.1472/2007-08 IN RESPECT OF THE PETITION SCHEDULE 'C' PROPERTY WITHOUT INSISTING UPON THE PETITIONER FOR PRODUCTION OF 11.E SURVEY SKETCH. 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 by the petitioner seeking a writ in the nature of mandamus directing respondent No.3 to register and release the Sale Deed dated 05.10.2007, produced at Annexure-A, which has been kept pending by the jurisdictional Sub-Registrar on the ground that the petitioner has not furnished the requisite 11-E Survey Sketch. Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 3 - HC-KAR CNR: KAHC010445212019 NC: 2026:KHC:49995 WP No. 49989 of 2019 2. The Division Bench of this Court, having taken cognizance of the pendency of the core issue, has considered an identical and analogous controversy in Writ Appeal No.1063/2025. While setting aside the order passed by the learned Single Judge and dispensing with the requirement of furnishing the 11-E sketch, the Division Bench has permitted the transferee to have the sale deed completed in the event the requisite 11-E sketch is furnished. However, the Division Bench has further clarified that if the transferee chooses to maintain the contention that furnishing of the 11-E sketch is not mandatory, such party would have to await the decision of the Hon’ble Apex Court on the said issue. Paragraph No.8 of the order passed by the Division Bench, being apposite to the controversy involved in the present petition, is extracted hereunder: “8. In view of the above, the impugned order is set- aside. It is further directed that in the event, the private respondent furnishes the 11-E sketch, the concerned Authority shall register the documents as required and release the Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 4 - HC-KAR CNR: KAHC010445212019 NC: 2026:KHC:49995 WP No. 49989 of 2019 documents after registration. However, in the event, the concerned respondents do not furnish the 11-E sketch and pursue their contention that the same is not necessary, the parties shall await and abide by the decision of the Supreme Court with regard to said issue.” 3. A plain reading of the aforesaid observations of the Division Bench makes it evident that the transferee has two alternatives. The first is to furnish the 11-E sketch and secure registration and release of the sale deed in terms of the directions issued by the Division Bench. The second is to maintain the contention that production of the 11-E sketch is not mandatory and, in such event, await the decision of the Hon’ble Apex Court on the said issue. The petitioner, therefore, cannot simultaneously seek dispensing with the 11-E sketch and seek a positive direction for registration contrary to the course indicated by the Division Bench. 4. In view of the aforesaid legal position and without expressing any opinion on the merits of the petitioner’s contention regarding the necessity or otherwise of Digitally Signed By: SACHIN SHANKAR MAGADUM Verified - 5 - HC-KAR CNR: KAHC010445212019 NC: 2026:KHC:49995 WP No. 49989 of 2019 furnishing the 11-E sketch, the petitioner is reserved liberty to avail such appropriate remedy as may be available in law, in accordance with the observations and directions contained in the order passed by the Division Bench in Writ Appeal No.1063/2025. Accordingly, reserving such liberty to the petitioner, the writ petition stands disposed of. (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 3 Digitally Signed By: SACHIN SHANKAR MAGADUM Verified