Sri Mahesh Kumar vs The State Of Karnataka
2022 Latest Caselaw 11131 Kant

                          1

 IN THE HIGH COURT OF KARNATAKA, BENGALURU

       DATED THIS THE 26TH DAY OF JULY, 2022

                      BEFORE

   THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

 WRIT PETITION NO.14664 OF 2022(GM-ST/RN)

BETWEEN:

1. SRI.MAHESH KUMAR,
   S/O LATE NANDA KISHORE,
   AGED ABOUT 56 YEARS,

2. BHARATHI TAYAL,
   W/O MAHESH KUMAR,
   AGED ABOUT 54 YEARS,

PETITIONER NO.1 & 2 ARE
R/AT NO.39/1-1, 10TH CROSS,
CHOLRU PALYA, VIJAYANAGAR,
BENGALURU - 560 023.

3. KUSUM TAYAL,
   W/O SRI.CHETAN P TAYAL,
   AGED ABOUT 64 YEARS,
   R/AT NO.3RD FLOOR, GOLD TOWER,
   NO.50, RESIDENCY ROAD,
   BANGALORE - 560 025.
   SENIOR CITIZEN SHIP NOT CLAIMED
                                      ...PETITIONERS

(BY SMT.LEELA P DEVADIGA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA,
   REP BY ITS PRINCIPAL SECRETARY,
   DEPARTMENT OF STAMPS AND REGISTRATION,
   KANDAYA BHAVAN, 8TH FLOOR,
   KEMPEGOWDA ROAD,
   BENGALURU - 560 009.

2. THE INSPECTOR GENERAL OF STAMPS,
   KANDAYA BHAVAN, 8TH FLOOR,
                               2

  KEMPEGOWDA ROAD,
  BENGALURU - 560 009.

3. THE SUB-REGISTRAR,
   OFFICE OF THE SUB-REGISTRAR,
   SRIRANGAPATNA,
   MANDYA TALUK,
   MANDYA DISTRICT - 571 401.
                                               ... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT DATED 08.06.2022
BEARING NO.UNOCA/SRI/44/2021-22 ISSUED BY THE 3 A
COPY OF WHICH IS PRODUCED AT ANNEXURE-E AS ILLEGAL
AND VOID AND ETC.,

     THIS PETITION COMING ON FOR ORDERS 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 petitioners to seek its

revival on the result of Writ Appeal as mentioned above.

Costs made easy.

Sd/-

JUDGE

Bsv