Karnataka High Court
Prakash Chand Kothari vs The Sub Registrar on 25 November, 2025
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NC: 2025:KHC:48686
WP No. 15290 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF NOVEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO. 15290 OF 2023 (GM-ST/RN)
BETWEEN:
1. PRAKASH CHAND KOTHARI,
S/O LATE SRI PUKHRAJ
AGED ABOUT 76 YEARS
HAVING HIS ADDRESS AT
NO.102, I FLOOR
JALA SHAMBHAVI COMPLEX
I MAIN, GANDHINAGAR
BENGALURU - 560 009.
...PETITIONER
(BY SRI. S.R. KAMALACHARAN, ADVOCATE FOR
SRI. PRADEEP S SAWKAR, ADVOCATE)
Digitally signed by AND:
ARUNKUMAR M S
Location: HIGH
COURT OF 1. THE SUB REGISTRAR
KARNATAKA
SUB REGISTRAR'S OFFICE
MINI VIDHANA SOUDHA
DEVANAHALLI TALUK
BENGALURU RURAL-562110.
2. THE DISTRICT REGISTRAR
BENGAURU RURAL DISTRICT
NO.-B, 89, 3RD FLOOR
5TH MAIN ROAD
INDUSTRIAL VASAHATHU
-2-
NC: 2025:KHC:48686
WP No. 15290 of 2023
HC-KAR
RAJAJINAGAR
BENGALURU - 560 010.
...RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, AGA
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE
ENDORSEMENT DATED 15.03.2023 IN S.R.O D/520/2022-23
ISSUED BY RESPONDENT NO.1 (ANNEXURE-E); AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, the petitioner is assailing the Endorsement dated 15.03.2023 (Annexure-E) issued by the respondent No.1 inter-alia sought for direction to respondent No.1 to register the Sale deed produced at Annexure-C to the writ petition.
2. Heard learned counsel Sri S.R. Komalacharan, appearing on behalf of learned counsel Sri. Pradeep S. Sawkar, for the petitioner and Sri. -3- NC: 2025:KHC:48686 WP No. 15290 of 2023 HC-KAR Mahantesh Shettar, learned Additional Government Advocate for the respondent-State;
3. It is contended by Sri. S.R. Komalcharan, learned counsel for the petitioner by referring to Section 202 of the Indian Contract Act, 1872 and declaration of law made by the Hon'ble Supreme Court in the case of Seth Loon Karan Sethiya vs. Ivan E. John and others reported in AIR 1969 SC 73, and submitted that, where the agency is created for valuable consideration and authority is given to secure interest of the agent and under such circumstances the authority cannot be revoked. Accordingly, learned counsel for the petitioner sought for interference of this court.
4. Per contra, Sri. Mahantesh Shettar, learned Additional Government Advocate appearing for the respondent-State submitted that, Smt. -4- NC: 2025:KHC:48686 WP No. 15290 of 2023 HC-KAR Munirathnamma (original purchaser) executed power of attorney in favour of the petitioner along with her sons namely, Sri.B.R. Nandakumar and Sri.B. R. Vijaykumar, therefore, sought to justify the impugned Endorsement issued by the respondent No.1. Accordingly, sought for dismissal the writ petition.
5. Having considered the submissions made by the learned counsel for both parties and upon careful examination of the records, it is seen that a Registered Power of Attorney dated 31.07.2014 (Annexure-B) was executed by B.R. Nandakumar, B.R. Vijayakumar and Smt. Muniratnamma in favour of the petitioner. In the said registered Power of Attorney, a clear recital is made regarding the execution of the Registered Agreement of Sale dated 31.07.2014 (Annexure-C). Taking into consideration the language employed Section 202 of the Act, so -5- NC: 2025:KHC:48686 WP No. 15290 of 2023 HC-KAR also, the illustration A provided for Section 202 which reads as under:
"202. Termination of agency, where agent has an interest in subject-matter.- Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency cannot, in the absence of an express contract, be terminated to the prejudice of such interest.
illustrations
(a) A gives authority to B to sell A's land, and to pay himself, out of the proceeds, the debts due to hi from A. A cannot revoke this authority, nor can it be terminated by his insanity or death.
(b) A consigns 1,000 bales of cotton to B, who has made advances to him on such cotton, and desires B to sell the cotton, and to repay himself out of the price, the amount of his own advances. A cannot revoke this authority, nor is it terminated by his insanity or death."
6. The said illustration makes it abundantly clear that once an agency is created for consideration, the authority cannot be revoked even if the principal -6- NC: 2025:KHC:48686 WP No. 15290 of 2023 HC-KAR becomes insane or dies. In this regard, paragraphs 5 to 7 of the judgment of the Hon'ble Supreme Court in 'Seth Loon Karan Sethiya' (supra) are also relevant, wherein, it has been held that where a document itself confers authority coupled with interest, such authority does not terminate on the death of the executant.
7. Therefore, the reasons assigned by the respondent No.1 in the impugned Endorsement at Annexure- E dated 15.03.2023, issued by respondent No.1 requires to be set aside. In the result, I pass the following:
ORDER i. The writ petition is allowed;
ii. The Endorsement dated 15.03.2023 (Annexure-
E) issued by respondent No. 1 is hereby set aside. Respondent No. 1 is directed to register the Sale Deed pertaining to the subject property -7- NC: 2025:KHC:48686 WP No. 15290 of 2023 HC-KAR in favour of the petitioner within one month from the date of receipt of a certified copy of this order.
SD/-
(E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 8