Sri Muniraju M vs The State Of Karnataka
2022 Latest Caselaw 11568 Kant

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 IN THE HIGH COURT OF KARNATAKA, BENGALURU

  DATED THIS THE 5TH DAY OF SEPTEMBER, 2022

                       BEFORE

    THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

  WRIT PETITION NO.1290 OF 2022(GM-ST/RN)

BETWEEN:

1. SRI.MUNIRAJU M,
   S/O LATE MUNIYAPPA BHOVI,
   AGED ABOUT 55 YEARS,
   R/AT NO.5, SAMPIGE NAGARA,
   KAMMASANDRA PALYA,
   ATTIBELE HOBLI, ANEKAL TALUK,
   BENGALURU - 560 100.

2. SRI.ASHOK M,
   S/O LATE MUNIVENKATAPPA,
   AGED ABOUT 47 YEARS,
   R/AT NO.5, SAMPIGE NAGARA,
   KAMMASANDRA PALYA,
   ATTIBELE HOBLI, ANEKAL TALUK,
   BENGALURU - 560 100.
                                     ...PETITIONERS
(BY SRI.T K RAJAGOPALA, ADVOCATE)

AND:

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

2. THE SUB-REGISTRAR,
   ATTIBELE, ANEKAL TALUK,
   BENGALURU - 560 100.
                                    ... RESPONDENTS
(BY SMT.RASHMI PATEL, HCGP)
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     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ENDORSEMENT DATED 10.11.2021
MADE BY THE R-2 ON THE REPRESENTATION DATED
10.11.2021 SUBMITTED BY THE PETITIONERS VIDE
ANNEXURE-A AND TO DIRECT THE R-2 TO REGISTER THE
SAID SALE DEED DATED 19.02.2020 VIDE ANNX-B IN
ACCORDANCE WITH LAW AND TO HANDOVER THE SAME TO
THE PETITIONERS HEREIN.

     THIS 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 petitioners to seek its

revival on the result of Writ Appeal as mentioned above.

Costs made easy.

Sd/-

JUDGE

Bsv