Karnataka High Court
Smt. Jayamma vs The State Of Karnataka on 28 July, 2023
Bench: Krishna S.Dixit
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WP No. 15377 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 15377 OF 2023 (GM-ST/RN)
BETWEEN:
1. SMT. JAYAMMA,
W/O LATE JAGADISH,
AGED ABOUT 52 YEARS,
R/AT LAGHUMENAHALLI VILLAGE,
BIDARAHALLI HOBLI,
MANDUR PANCHAYATHI,
BANGALORE EAST TALUK - 560 067.
2. MR. RAMACHANDRAPPA.N
S/O LATE NANJUNDAPPA,
AGED ABOUT 59 YEARS,
3. MR. NANDISH KUMAR.R
S/O MR. RAMACHANDRAPPA,
AGED ABOUT 40 YEARS,
Digitally signed
by SHARADA
VANI B 4. MR. MANJUNATH.R
Location: HIGH S/O MR. RAMACHANDRAPPA,
COURT OF AGED ABOUT 38 YEARS,
KARNATAKA
5. MR. JAGADISH.R
S/O MR. RAMACHANDRAPPA,
AGED ABOUT 35 YEARS,
6. MR. NAVEEN KUMAR. R
S/O MR.RAMACHANDRAPPA,
AGED ABOUT 19 YEARS,
RESPONDENTS NO.2 TO 6 ARE
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WP No. 15377 of 2023
R/AT THIPPENAHALLI VILLAGE,
IN FRONT OF ANJANEYASWAMY TEMPLE,
NAGASANDRA POST, YESHWANTHAPURA HOBLI,
BANGALORE - 560 073.
...PETITIONERS
(BY SRI. KESHAVA MURTHY B.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT
M.S.BUILDING, BANGALORE - 560 001.
2. THE COMMISSIONER AND INSPECTOR
GENERAL OF REGISTRATION
8TH FLOOR, "KANDAYA BHAVAN"
KEMPEGOWDA ROAD,
BANGALORE - 560 009.
3. THE JOINT DIRECTOR OF LAND RECORDS,
BANGALORE URBAN DISTRICT,
OFFICE OF DY. COMMISSIONER,
KEMEPGOWDA ROAD,
BANGALORE-560 009.
4. THE ASST. DIRECTOR OF LAND RECORDS,
BANGALORE EAST, "KANDAYA BHAVAN",
KEMEPGOWDA ROAD,
BANGALORE-560 009.
5. THE SUB-REGISTRAR
OFFICE OF BANASAWADI,
HRBR LAYOUT, I CROSS,
KALYANANAGAR, BHANASAWADI,
BANGALORE - 560 043.
...RESPONDENTS
(BY SRI.B V KRISHNA.,AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ENDORSEMENT DTD 4.7.2023 ISSUED BY THE R-5
SUB-REGISTRAR, BANASWADI, BANGALORE, VIDE
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WP No. 15377 of 2023
REF.NO.183/2023-24, PRODUCED AT ANNX-A AND FURTHER
DIRECT THE R-5 SUB-REGISTRAR, BANASAVADI, BANGALORE
TO REGISTER THE FINAL DECREE, PASSED BY THE VII ADDL
SENIOR CIVIL JUDGE AND JMFC, BANGALORE, WITHOUT
INSISTING UPON THE PRODUCTION OF 11-E SKETCH
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.5496/2023
between SMT.BHAGYARATHNA AND ANOTHER VS. STATE
OF KARNATAKA & OTHERS, disposed off on 13.6.2023.
Paragraph 2 of the judgment reads as under:
"Learned AGA appearing for the Respondent
opposes the Petition contending that in terms of
Rule 46(h) of the Land Revenue Rules, 1966 the
production of 11E Sketch is a sine qua non and
if Petitioner applies for the survey, the
Department people will accomplish the same
within a period of four weeks and hopefully give
the sketch as well which Petitioner can produce
and get the document registered. The learned
counsel for the Petitioner is agreeable to this
provided that the period spent in accomplishing
this exercise shall not be counted while
computing the period of limitation prescribed for
the registration of the documents. This is fair
enough."
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WP No. 15377 of 2023
2. Learned counsel appearing for the petitioners
submits that since his clients are similarly situate, similar
relief needs to be extended to them, as well.
3. In the Division Bench decision 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, it has been held
that like cases should be treated alike and if relief is
granted to a litigant, similar relief cannot be denied to
other similarly circumstanced litigants, subject to all just
exceptions.
In view of the above, this Writ Petition is disposed off
with the same relief as has been accorded to the litigant in
the cognate petition, mutatis mutandis, costs having been
made easy.
Sd/-
JUDGE
cbc
