IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.21503 OF 2016 (GM-ST/RN) BETWEEN:
RAMAIAH SON OF DODDAPPAINNA AGED 80 YEARS RESIDING AT SRIRAMPURA JAKKUR POST YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-562065.
(By Mr. S.K. ACHARYA, ADV., (ABSENT)) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING BANGALORE REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS AND CHIEF CONTROLLING REVENUE AUTHORITY KANDAYA BHAVAN, 8TH FLOOR K G ROAD, BANGALORE-560009.
3. THE DEPUTY INSPECTOR GENERAL OF REGISTRATION (ADMINISTRATION & LAW) OFFICE OF THE INSPECTOR GENERAL OF REGISTRATION … PETITIONER AND COMMISSIONER OF STAMPS KANDAYA BHAVAN 8TH FLOOR, K G ROAD BANGALORE-560009.
4. THE DISTRICT REGISTRAR REGISTRAR’S OFFICE GANDHINAGAR BANGALORE-560009.
5. THE SENIOR SUB REGISTRAR OFFICE OF THE SUB REGISTRAR GANDHINAGAR BANGALORE-560009.
… RESPONDENTS (By Ms. H.C. KAVITA, LEARNED HCGP FOR R1 – R5) - - -
This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct the respondents not to accept or register any type of deeds or sale deeds pertaining to the schedule land pending disposal of the Suit in O.S.No.434/2015 on the file of the Sr. Civil Judge, Devanahalli & etc.
This Writ Petition coming on for preliminary hearing in ‘B’ group this day, the Court made the following:-
ORDER None for the petitioner.
Smt.H.C.Kavita, learned High Court Government Pleader for the respondents.
2. In this petition, the petitioner has prayed for the following reliefs:
“(a) Issue a writ of mandamus, writ order or direction by directing the respondents not to accept or register any type of deeds or sale deeds pertaining to the schedule land pending disposal of the suit in O.S.No.434/2015 on the file of the Senior Civil Judge, Devanahalli;
(b) Issue a writ of mandamus, writ order or direction by directing the respondent No.1 and 2 to take emergent action against the 4th respondent – District Registrar, for intentionally and deliberately disobeying the injunction order passed in I.A.No.2 in O.S.No.434/2015 on the file of the Senior Civil Judge, Devanahalli vide Annexure-B; and (c) Grant such other and further relief/s as this Hon’ble Court be deemed fit in the circumstances of the case, in the interest of justice and equity.”
3. Admittedly, the petitioner has filed a suit seeking the relief of declaration, partition and separate possession as well as injunction. The Registrar cannot be restrained from performing his statutory duty which has been conferred on him under the provisions of the Karnataka Registration Act, 1976. In case the petitioner is aggrieved, it will be open for him to make an appropriate application seeking injunction before the Trial Court. Needless to state that in case such an application is filed before the Trial Court, the same shall be dealt with in accordance with law.
With the aforesaid liberty, the petition is disposed of.
Sd/- JUDGE RV