Sri Gopal vs The Department Of Stamps And ...
2021 Latest Caselaw 5105 Kant

                          1

  IN THE HIGH COURT OF KARNATAKA, BENGALURU

   DATED THIS THE 30TH DAY OF NOVEMBER, 2021

                       BEFORE

       THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

    WRIT PETITION NO.21588 OF 2021(GM-ST/RN)
BETWEEN:

SRI. GOPAL,
S/O LATE PILLAPPA,
AGED ABOUT 56 YEARS,
R/AT SUNKADAKATTE,
VISHWANEEDAM POST,
MAGADI MAIN ROAD,
BANGALORE - 560 091.
                                         ...PETITIONER
(BY SRI.K RAVINSHANKAR, ADVOCATE FOR
    SRI. M SHIVAPRAKASH, ADVOCATE)

AND:

1. THE DEPARTMENT OF STAMPS AND REGISTRATION,
   REP BY INSPECTOR GENERAL OF REGISTRATION(IGR),
   AND COMMISSIONER OF STAMPS,
   8TH FLOOR, KANDHYA BHAVAN,
   K G ROAD, BANGALORE - 560 009.

2. THE DISTRICT REGISTRAR,
   1ST FLOOR, MINI VIDHANASOUDHA,
   TUMKUR - 572 101.

3. THE SENIOR SUB-REGISTRAR,
   OPP SBI MAIN BRANCH,
   CHURCH STREET,
   TUMKUR - 572 101.

4. THE TAHSILDAR,
   TUMKUR TALUK,
   TUMKUR - 572 101.
                                       ... RESPONDENTS
(BY SRI. SRIDHAR HEGDE, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL
FOR   THE    ENTIRE    RECORDS    IN   RESPECT    OF
COMMUNICATION DATED 09.11.2021 FROM R-3 VIDE
                                   2

ANNEXURE-H AND DIRECT AGAINST THE R-2 TO 4 TO
RESTORE THE SALE DEED DATED 26.08.2014, REGISTERED
IN THE NAME OF THE PETITIONER VIDE ANNX-A IN
DOCUMENT NO TMK-1-09143/2014-15 PURSUANT TO THE
ORDER PASSED BY THIS HONBLE COURT IN WP
NO.44175/2016 DATED 05.10.2021 VIDE ANNX-F.

    THIS PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-

                             ORDER

The short grievance of the petitioner is as to non-

restoration of his name in the Property Register/Records

despite there being a judgment of learned single Judge &

an order of the Division Bench which rejected the appeal

against the said judgment.

2. Learned HCGP on request having accepted

notice for the respondents though initially resisted the writ

petition making submission in justification of the

impugned Endorsement, now fairly submits that he would

instruct his clients to consider the claim of the petitioner

in accordance with law and to make entries consistent

with the aforesaid judgment & orders in a time bound

manner.

In view of the above, this writ petition is disposed off

directing the 2nd & 3rd respondents to consider petitioners

claim for restoration of his name to the Property

Register/Records consistent with the judgment of the

learned single Judge in W.P.No. 44175/2016 (GM-RES)

disposed off on 05.10.2021 and the order of the Division

Bench in W.A.No.1170/2021 (GM-RES) disposed off on

16.11.2021, within a period of eight weeks failing which for

delay of each day, the said officials shall pay personally to

the petitioner a sum of Rs.2,500/- till compliance.

Now, no costs.

Sd/-

JUDGE

Bsv