IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.42239 OF 2017 (GM-ST/RN) BETWEEN:
SMT N S RUKMANI W/O T CHANIGAPPA AGED ABOUT 45 YEARS R/AT PATEL CHANNAPPA LAYOUT 7TH CROSS, MUNESHWARA NAGARA NELAMANGALA BENGALURU-562123.
(BY MR. ROOPESHA B, ADV.) AND:
1. THE STATE OF KARNATAKA DEPARTMENT REVENUE REPRESENTED BY ITS SECRETARY M.S.BUILDING DR.AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE INSPECTOR GENERAL OF REGISTRATION AND STAMPS NO.720, SHIMSHA BHAVAN, NEAR SANGAM CIRCLE 8TH BLOCK JAYNAGARA BENGALURU-560078.
3. THE SUB REGISTRAR MAGADI TALUK-562120 RAMANAGARA DISTRICT.
4. THE TAHSILDAR MAGADI TALUK – 562120 RAMANAGARA DISTRICT.
… PETITIONER 5. THE TALUK SURVEYOR MAGADI TALUK – 562120 RAMANAGARA DISTRICT (BY MR. V SHIVAREDDY, HCGP FOR R1-R5) - - -
… RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO RELEASE THE SALE DEED OF THE PETITIONER DATED 12.12.2006 VIDE ANNEX-A WHICH IS KEPT IN THE OFFICE OF R-3 IN P.3068/2006-07 WITHOUT INSISTING FOR PRODUCTION OF 11-E SKETCH (SURVEY SKETCH) OF THE PETITION SCHEDULE PROPERTY AS PER THE JUDGMENT OF THIS HON'BLE COURT PASSED IN W.P. 18939/2009 DATED 18.3.2016 AT ANNEX-E.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.Roopesha B., learned counsel for the petitioner. Mr.V.Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 5.
2. The writ petition is admitted for hearing.
With consent of the parties, the same is heard finally.
3. In this petition, the petitioner has prayed for the following relief:
(a) Issue any appropriate order or direction or a writ in the nature of Mandamus directing the 3rd respondent to release the sale deed of the petitioner dated 12.12.2006 vide Annexure-A, which is kept in the office of 3rd respondent in P-3068/2006-07 without insisting for production of the ‘11E’ sketch (survey sketch) of the petition schedule property as per the judgment of this Hon’ble court passed in WP No.18939/2009 dated 18.03.2016 vide Annexure – E, in the alternative issue a writ of Mandamus directing the respondent 4 and 5 to consider the representation vide Annexure-C dated 01.12.2011 and Annexure D dated 01.12.2011 and to issue survey sketch.
4. when the matter was taken up today, learned counsel for the parties jointly submitted that the controversy involved in this petition is squarely covered by an order dated 18.03.2016 by a Division Bench of this Court in W.P.No.18939/2009 and an order dated 02.01.2017 passed in W.P.No.25235/2016.
5. In view of the aforesaid submissions and for the reasons assigned in the aforesaid order, the writ petition is disposed of with a direction to respondent No.3 to release the sale deed in respect of the property described in the sale deed dated 12.12.2006 without insisting for production of ‘11E sketch’ (survey sketch) subject to the petitioner complying with all other requirements as prescribed under the Act and the Rules for registration of the sale deed expeditiously within a period of four weeks from the date of receipt of certified copy of the order passed today.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS