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.4570 OF 2014 (GM-ST/RN) BETWEEN:
SRI T P GANAPATHY AGED 49 YEARS, S/O T K POOVAIAH, KUKLOOR VILLAGE, VIRAJPET-571218 VIRAJPET TALUK, KODAGU DISTRICT (By MR. N RAVINDRANATH KAMATH, ADV.) AND:
1. KUKLOOR GRAM PANCHAYATH KUKLOOR VILLAGE, VIRAJPET TALUK, KODAGU DISTRICT-571 218.
2. THE SUB REGISTRAR VIRAJPET TOWN & TALUK, KODAGU DISTRICT-571 218.
3. THE STATE OF KARNATAKA BY DEPARTMENT OF REVENUE, BY SECRETARY, M S BUILDING, BANGALORE-560 001.
4. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF URBAN DEVELOPMENT, M S BUILDING, BANGALORE-560 001.
… PETITIONER … RESPONDENTS (By SMT NILOUFER AKBAR, AGA FOR R2-4 V/O DTD 11/08/15 WP STANDS DISMISSED AGAINST R1) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT TO THE SUB REGISTRAR, VIRAJPET TOWN TO REGISTER SALE DEEDS RELATING TO THE PROPERTY BEARING SY.NO.111/38 TO AN EXTENT OF 1.35 ACRES SITUATED IN KUKLOOR VILLAGE, KODAGU DIST. BELONGING TO THE PETITIONER PRODUCED HEREWITH AT ANN-A AS PER R.T.C.PROUDCED AT ANN-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.N.Ravindranath Kamath, learned counsel for the petitioner.
Smt.Niloufer Akbar, learned Additional Government Advocate for respondent Nos.2 to 4.
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 reliefs:
(i) Issue a writ of mandamus or any other appropriate writ or direction to the sub Registrar, Virajpet Town to register sale deeds relating to the property bearing Sy. No.111/38 to an extent of 1.35 acres situated in Kukloor Village, Kodagu District belonging to the petitioner produced herewith at Annexure-A as per R.T.C produced at Annexure-B.
(ii) Direct the Tahsildar, Virajpet to transfer R.O.C pertaining to the aforesaid property bearing Sy.No.111/38 situated at Kukloor Village, Virajpet Taluk, Kodagu District and the petitioner may be permitted to execute sale deeds in favour of the intending purchasers.
(iii) Grant such other reliefs as this Hon’ble Court deems fit and proper in the circumstances of the case, in the interest of justice and equity.
4. When the matter was taken up today, learned Government Advocate has pointed out the stand taken by respondents in para 5 of the statement of objections, which reads as under:
“5. The respondents submit that the prayer sought in the writ petition does not survive for consideration as the sites formed in Sy.No.111/38 situated at Kukloor Village, Virajpet Taluk, Kodagu District to an extent of 1 acre 35 cents are being registered by the respondents. Thus, the writ petition does not survive for consideration.”
In view of the stand taken by the respondents, the grievance of the petitioner stands redressed and nothing survives for adjudication in this writ petition.
Accordingly, the same is disposed of.
Sd/- JUDGE SS