Sri Manjunatha P vs The State Of Karnataka
2022 Latest Caselaw 11100 Kant

                             1

       IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 25TH DAY OF JULY, 2022

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

    WRIT PETITION NO.11115 OF 2022 (GM-ST/RN)

BETWEEN:
SRI. MANJUNATHA P,
S/O SRI. P. MAHESHWARAPPA,
AGED ABOUT 49 YEARS,
R/AT NO.39/2, 5TH FLOOR,
A.S.V.N.V.S. COMPLEX
OPP: STATE BANK OF MYSORE
HEAD OFFICE K.G. ROAD,
BANGALORE - 560 009.
                                             ...PETITIONER
(BY SMT. NAGAMALA B.K., ADVOCATE)

AND:

1 . THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL SECRETARY
DEPARTMENT OF STAMPS AND REGISTRATION,
KANDAYA BHAVANA,
8TH FLOOR, KEMPEGOWDA ROAD,
BAGALORE - 9.

2 . THE SUB REGISTRAR
DEVANAHALLI SUB REGISTRAR OFFICE,
MINI VIDHANA SOWDA,
DEVANAHALLI - 562 110.
                                          ...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE
DIRECTION TO RESPONDENTS TO REGISTER THE TWO
ABSOLUTE SALE DEEDS I.E., BOOK NO.1. P-8712/2017-18 AND
P-8716 OF 2017-18 DTD 11.12.2017 VIDE ANNEXURE-H AND J
EXECUTED BY LRs OF ABDUL AZEEZ I.E. NASSEEMUNNISA AND
OTHERS IN FAVOR OF PETITIONER IN RESPECT OF LAND
                                     2

BEARING SY.NO.74/1 MEASURING 1 ACRE EACH RESPECTIVELY
IN TOTAL MEASURING 2 ACRES OF LAND AND DIRECT THE R2
TO HAND OVER/RELEASE THE REGISTER ABSOLUTE SALE DEED
TO THE PETITIONER BY COMPLYING THE LEGAL NOTICE, DTD
29.10.2021 VIDE ANNEXURE-G; AND ETC.

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

                                  ORDER

The subject matter of this writ petition is substantially

similar to the one in W.P.No.1494/2022 (GM-ST/RN)

between SRI. G.K.SRINIVASA Vs. THE STATE OF

KARNATAKA & OTHERS, disposed off by this Court on

01.02.2022 wherein the reasoning part of the order at

paragraph no.2 reads as under:

"Learned AGA Shri B V Krsihna on request having accepted notice for the respondents contends that the basic judgment (WA No. 14050/2012 in W.P.No.18939/2009) made in which had dispensed with the production of 11E Sketch has been stayed by the Apex Court in SPL (C) 15837-38/2016 between THE STATE OF KARNATAKA Vs. G RAMACHAR and therefore, the petition may be disposed off with liberty to the petitioner to seek its revival in the event the said challenge fails. This Court is broadly in agreement with this submission."

2. The Division Bench of this Court in

W.A.Nos.932-933/1974 between A.V.VINODA &

ANOTHER Vs. STATE OF KARNATAKA BY ITS

COMMISSIONER & SECRETARY disposed off on 11.12.1974,

has held that the Court should treat the like-cases alike and

if relief is granted to a litigant it has to be extended to a

similarly circumstanced litigant as well, there being no

derogatory circumstances.

In the above circumstances, the writ petition is

disposed off with liberty to the petitioner to seek its revival

on the result of Writ Appeal as mentioned above.

Costs made easy.

Sd/-

JUDGE

DS