- 1 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 323 OF 2025 (GM-ST/RN) BETWEEN: SRI ANJANEYA SWAMY TEMPLE TRUST (R) THIMMASANDRA REPRESENTED BY ITS PRESIDENT SRI A. HANUMANTHARAJU, S/O LATE L.V. ANJANAPPA, AGED ABOUT 53 YEARS, RESIDING AT MUKTHA NO. 296, 8TH MAIN ROAD, M.S. RAMAIAH ENCIVAE, HESARAGHATTA ROAD, BENGALURU-560 073. …PETITIONER (BY SRI. V.K. KUMBAR., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.OFFICE BUILDINGS, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 DR. AMBEDKAR VEEDI, BENGALURU-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SUB REGISTRAR, MAGADI TALUK OFFICE BUILDING, B.K. ROAD, MAGADI TALUK. 562120. …RESPONDENTS (BY SRI.B. RAVINDRANATH., AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CERTIFY THE GIFT DEED PRESENTED FOR REGISTRATION ON 24.11.2007 WHICH IS KEPT PENDING BEARING NO. P 393/2007-08, WITHOUT INSISTING PRIOR PERMISSION FROM THE COMPETENT AUTHORITY UNDER SECTION 109 OF THE KARNATAKA LAND REFORMS ACT, VIDE AT ANNX-B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD ORAL ORDER The petitioner asserts it is a registered Trust constituted for development of Sri.Anjaneya Swamy Temple, Timmasandra Village, Solur Hobli, Magadi Taluk and that Sri.R.Ramaswamy, a resident of Thimmasandra Village and a devotee of Sri. Anjaneya Swamy, has executed gift deed dated 24.11.2007 [Annexure-B] transferring 15 guntas [including 2 guntas of karab] in Sy.No.4 and 1 acre 10 guntas [including half a gunta of karab] in Sy.No.53 of Timmasandra Village, which is presented for registration on 24.11.2007. 2. Sri V.F.Kumbar, the learned counsel for the petitioner, submits that this document was kept pending as the concerned Sub-Registrar was of the view that the petitioner will have to file an application as contemplated under Section 109 the Karnataka Land Reforms Act, 1961 [for short, 'the Act'], but the - 4 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 petitioner is now issued with notice by the Sub- Registrar to produce 11-E sketch as contemplated under Sections 21(1) and (4) of the Indian Registration Act, 1908 [for short, 'the Act'] and that this notice could not have been issued because the petitioner has already furnished 11-E sketch for both portions of the subject property. When queried on whether the petitioner has filed any application for exemption, the learned counsel submits that he has not received definite instructions. 3. Sri.B.Ravindranath, the learned Additional Government Advocate who has accepted notice for the respondents [including the jurisdictional Sub- Registrar], submits that [a] the provisions of Section 109 of the Act is now substituted by the Act No.9/2020 with effect from 20.11.2019 and in terms of this amended provisions, the State Government may, by notification, exempt any land from the rigors of Section 63, 79A, 79B or 80 of the Act when the - 5 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 subject land is proposed to be used as a place of worship, [b] the Government will have to issue notification when the exemption is for a land which exceeds two units but if the land proposed to be used for such purposes is less than half a unit, the Deputy Commissioner can consider the application and [c] the petitioners may have to file an application with the jurisdictional Deputy Commissioner as is contemplated under the afore provisions. The learned Additional Government Advocate also submits that this Court may observe that it should be open to the Deputy Commissioner to consider whether such exemption could be granted when the gift deed is already executed and presented. 4. This Court, on perusal of the substituted provisions, is of the view that for completion of the registration that is presented, the petitioners will have to apply with the jurisdictional Deputy Commissioner for exemption if the subject property is - 6 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 less than half a unit or seek appropriate exemption from the Government if it exceeds that unit and that the Deputy Commissioner must consider the application so filed in the light of the fact that the registration of the deed is kept pending calling upon the petitioner to produce not a copy of the order of exemption but a copy of the 11-E sketch. If the petitioner is called upon to produce a sketch which is already produced and is not informed about the permission that should have been as of the law that existed earlier, the petitioner cannot be denied the benefit of exemption on the ground of delay or on the ground that the document is already executed and presented for registration. In the light of the afore, ORDER The petition stands disposed of with liberty to the petitioner to file an application with the Deputy Commissioner or the State Government, as the case may be, within four [4] weeks from the date of receipt of a certified copy - 7 - HC-KAR NC: 2026:KHC:1296 WP No. 323 of 2025 of this order, calling upon the Deputy Commissioner, if the application is made to his/her office, to consider the same within a period of eight [8] weeks from the date of receipt of the application and communicate the decision to the petitioner. This direction will not be to the Government because the consideration will have to be different. SD/- (B M SHYAM PRASAD) JUDGE SA ct:sr