IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.46822/2019(GM-ST/RN) BETWEEN:
SRI N. RAVISHANKER S/O SRI NAGAPPA RESIDING AT NO.15 SHASTHA GARDEN BYRATHI, KOTHANUR POST NEAR AYYAPPA TEMPLE BENGALURU-560077.
...PETITIONER (BY SRI K. RAMIREDDY, ADVOCATE FOR SRI ANIL KUMAR S., ADVOCATE) AND:
1 . STATE OF KARNATAKA REP BY IT’S PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560001.
2 . DISTRICT REGISTRAR REPRESENTED BY ITS SUB REGISTRAR, SHIVAJINAGAR.
OFFICE AT NO.48, 3RD FLOOR TRIUMPH TOWER, CLOSE TO EMPIRE HOTEL, CHURCH ST., SHANTHALA NAGAR SHIVAJI NAGAR, BENGALURU-560001.
3 . SUB REGISTRAR BANASWADI 2ND CROSS RD, HRBR LAYOUT, 1ST BLOCK, BALAJI LAYOUT, SUBBAIAHNAPALYA BANASAWADI, BENGALURU-560043.
(BY SRI SRIDHAR N HEGDE, HCGP) …… …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-3 TO RELEASE THE SALE DEED DATED 27.7.2017 WHICH WAS KEPT IN PENDING IN DOCUMENT P. No.6595/2017-18 BEFORE THE R-3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER A very innocuous prayer is sought by the petitioner seeking to direct the respondent No.3 to release the sale deed dated 27.07.2017 which has been kept pending in document P No.6596/2017-18 before the respondent No.3-Sub Registrar.
2. The very prayer sought indicates that the sale deed is not yet registered and is pending for consideration for fulfillment of certain requirements. Therefore, the prayer sought is not maintainable.
3. Inspite of bringing it to the notice of the learned counsel for the petitioner that the writ petition is not maintainable, he relied upon an unreported judgment of this Court in the case of P.Nagarathna vs. The State of Karnataka and others made in W.P.No.24988/2018 dated 15.06.2018. It was a case where the execution of the document was accepted and registration was kept pending and therefore, this Court directed the 3rd Sub Registrar to register the sale deed which is kept pending, without insisting for production of 11E sketch (survey sketch), subject to the petitioner complying with all other requirements as prescribed under the Act and Registration Rules.
4. The said judgment has no application to the facts and circumstances of the present case, since the document has not yet been registered in the present case. Therefore, the prayer sought cannot be entertained under Articles 226 and 227 of the Constitution of India.
5. At this stage, learned counsel for the petitioner filed Memo dated 18.11.2019 seeking to withdraw the writ petition.
6. The memo is placed on record.
7. The writ petition is dismissed as withdrawn with liberty to the petitioner to pursue his remedy, in accordance with law.
Sd/- JUDGE kcm