IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.25080 OF 2017 (GM-ST/RN) BETWEEN:
SRI C.CHANDRASHEKAR AGED ABOUT 45 YEARS S/O B.CHINNAYELLAPPA R/AT NAMMANE GAMGAMMAGUDI ROAD SRI.M.VISHWESHWARAIAH LAYOUT HOSAKOTE-562 114 BENGALURU RURAL DISTRICT (BY SRI.S.K.ACHARYA, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BANGALORE-560 001 … PETITIONER 2. THE SUPERINTENDENT OF REGISTRATION (ADMINISTRATION & LAW) DEPARTMENT OF STAMPS AND REGISTRATION 8TH FLOOR, KANDAYA BHAVAN KEMPEGOWDA ROAD BANGALORE-560 009 3. THE SUB-REGISTRAR HOSAKOTE TALUK HOSAKOTE-562 114 … RESPONDENTS (BY SRI.V.SHIVAREDDY, HCGP FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-3 TO RELEASE AND DELIVER THE ORIGINAL REGISTERED DOCUMENT I.E., REGISTERED SALE DEED DATED:18.08.2006 VIDE ANNEXURE-A FORTHWITH AND ETC.
THIS PETITION COMING ON FOR ORDER THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Sri. S.K. Acharya, learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3.
2. In this petition, the petitioner is seeking for a direction to respondent No.3 to release and deliver the original registered document i.e., Registered Sale Deed dated 18.08.2006 vide Annexure-A.
3. When the matter was taken up today, learned counsel for the petitioner submitted writ petition may be disposed of with liberty to the petitioner to file a fresh representation to the competent authority with regard to his grievance and the competent authority be directed to decide the same in accordance with law.
4. On the other hand, learned High Court Government Pleader for the respondents submitted that in case such a representation is made by the petitioner, the same shall be dealt with in accordance with law.
5. In view of the submissions made and in the facts of the case, the writ petition is disposed of with a liberty to the petitioner that in case a fresh representation is made by him to the competent authority within a period of two weeks from the date of receipt of certified copy of the order passed today, the same shall be dealt with by the competent authority in accordance with law, within a period of four months from the date of receipt of such a representation, after affording an opportunity of hearing to all necessary parties including the impleading applicant herein.
6. It is made clear that this Court has not expressed any opinion on the merits of the case.
Accordingly, the petition is disposed of.
Sd/- JUDGE dn/-