IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29th DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.14171 OF 2019 (GM-ST/RN) BETWEEN:
SMT M K ANITHA W/O SRI H GOPI, AGED 43 YEARS R/A NO.7/8, RAMAKRISHNA STREET, SHESHADRIPURAM, BANGALORE-560 020.
… PETITIONER (BY MR. K N NITISH, ADV. FOR MR. K V NARASIMHAN, ADV.) AND:
1. SRI DODDEGOWDA S/O LATE MUDDA BILAPPA @ MUDDAPPA, AGED 80 YEARS, NO.11, KALIDASA ROAD, S.R.NAGAR, BANGALORE-560 027 2. SRI K S KRISHNOJI RAO S/O LATE K.R.SUBBA RAO, R/A AMBA BHAVANI TEMPLE, DODDABETTAHALLI VILLAGE, JYOTHI NAGAR, HESARAGHATTA ROAD, M.S.PALYA, JALAHALLI EAST, BANGALORE – 560 097.
3. THE SUB-REGISTRAR GANDHINAGAR (HEBBAL) BANGALORE – 560 009.
4. THE DEPUTY COMMISSIONER (STAMPS) AND DISTRICT REGISTRAR, GANDHINAGAR REGISTRATION DISTRICT, NO.17, "MARUTHI PLAZA", 2ND MAIN ROAD, VYALIKAVAL EXTENSION, BANGALORE-560 003.
(BY MR. V SHIVAREDDY, HCGP FOR R3 & 4, … RESPONDENTS NOTICE TO R1 & R2 SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-4 DATED 25.5.2016 AT ANNEXURE-R; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.K.N.Nitish for Mr.K.V.Narasimhan, learned counsel for the petitioner.
Mr.V.Shivareddy, learned High Court Government Pleader for respondent Nos.3 and 4.
Petition is admitted for hearing. With consent of the learned counsel for the parties, the same is heard finally.
2. In this petition, the petitioner inter alia seeks a writ of ceritiorari for quashment of the order dated 25.05.2016 passed by the District Registrar dated 25.05.2016, by which the sale deed has already been executed in favour of the petitioner on 29.04.2015.
3. When the matter was taken up today, learned counsel for the petitioner has placed a similar contention that the impugned order is per se without jurisdiction as the same has been passed in flagrant violation of the principles of natural justice inasmuch as neither any notice nor an opportunity of hearing as afforded to the petitioner could not disputed by the learned High Court Government Pleader.
4. In view of the fact that the impugned order dated 25.05.2016 has been passed without affording an opportunity of hearing to the petitioner, the same cannot be sustained in the eye of law. It is accordingly quashed. The District Registrar is directed to afford an opportunity of hearing to the petitioner as well as respondent No.1 and to pass a fresh order in accordance with law by assigning reasons within a period of three months.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS