IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.24516 OF 2018 (GM-RES) BETWEEN:
S.G.ANANTHARAM S/O LATE S.R.GUNDA BHATTA AGED ABOUT 68 YEARS R/AT KUMBALAGODU GOLLAHALLI VILLAGE, KENGERI HOBLI BENGALURU SOUTH TALUK … PETITIONER (BY SRI G.BALAKRISHNA SHASTRY, ADVOCATE) AND:
1. SENIOR SUB-REGISTRAR RAJARAJESHWARI NAGAR BENGALURU SOUTH TALUK DISTRICT : BENGALURU – 560 098 2. THE THASILDAR RAJARAJESHWARI NAGAR BENGALURU SOUTH TALUK DISTRICT:BENGALURU – 560 098 … RESPONDENTS (BY SRI B.BALAKRISHNA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 22.11.2017 ISSUED BY THE SENIOR SUB-REGISTRAR, RAJARAJESHWARINAGAR, BENGALURU VIDE ANNEXURE – P AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Sri.G.Balakrishna Shastry, learned Counsel for the petitioner.
Sri.B.Balakrishna, learned Additional Government Advocate for respondents.
2. The petition is admitted for hearing. With the consent of learned counsel for the parties, the same is heard finally.
3. In this petition under Articles 226 and 227 of the Constitution of India, the petitioner interalia seeks quashing of the impugned endorsement dated 22.11.2017 issued by Senior Sub-registrar, Rajarajeshwarinagar, Bengaluru, by which the petitioner has been asked to produce 11-E sketch along with the sale deed.
4. The petitioner also seeks writ of mandamus directing the Senior Sub-registrar, Rajarajeshwarinagar, Bengaluru, to register the sale deed dated 12.08.2010.
5. When the matter was taken up today, learned Counsel for the petitioner submitted that the petitioner has purchased the property in question by sale deed dated 12.08.2010 and when the petitioner produced the same for registration before the Senior Sub-Registrar, the Senior Sub-Registrar directed the petitioner to produce 11-E sketch. It is further submitted that the controversy involved in the instant writ petition is squarely covered by a Division Bench decision of this Court in G.Ramachar and Another –vs- State of Karnataka and Others reported in 2016(3) KLJ 1 (DB) wherein the Division Bench has held that there is no need to produce 11-E sketch, as Section 22A of the Registration Act, 1908 itself has been quashed.
6. The aforesaid aspect of the matter has not been disputed by Sri.B.Balakrishna, learned Additional Government Advocate.
7. In view of the submissions made and for the reasons assigned by the Division Bench in the case of G.Ramachar referred to supra, the impugned endorsement dated 22.11.2017 issued by Senior Sub-registrar, Rajarajeshwarinagar, Bengaluru, is hereby quashed. The aforesaid authority is directed to register the sale deed dated 12.08.2010 produced by the petitioner in accordance with law, within six weeks from today.
Accordingly, the petition is disposed of.
Sd/- JUDGE KNM/-