Karnataka High Court
Sri V Kupparaju vs The Senior Sub Registrar ... on 15 June, 2023
Bench: Krishna S.Dixit
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NC: 2023:KHC:20639
WP No. 19027 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT PETITION NO. 19027 OF 2022 (GM-ST/RN)
BETWEEN:
SRI V KUPPARAJU
S/O LATE VENKATAMANAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.31/2,
8TH BLOCK VILLAGE,
KORAMANGALA,
BANGALORE-560095
...PETITIONER
(BY SMT. SAHANA., ADVOCATE FOR
SRI. RAGHAVENDRA.,ADVOCATE)
AND:
THE SENIOR SUB REGISTRAR BOMMANAHALLI
Digitally signed by GOVERNMENT OF KARNATAKA,
SHARADA VANI B
Location: HIGH
STAMPS AND REGISTRATION DEPARTMENT,
COURT OF B.D.A COMPLEX 2ND FLOOR,
KARNATAKA 3RD BLOCK,
7TH CROSS,
KORAMANGALA,
BANGALORE-560095
...RESPONDENT
(BY SMT.RASHMI PATEL.,AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR THE RECORDS FORM THE RESPONDENT IN
NO.UNK(BO)/257/22.23 AND QUASHING THE IMPUGNED
ENDORSEMENT DATED 29.08.2022 ISSUED BY THE IMPUGNED
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WP No. 19027 of 2022
ENDORSEMENT DATED 29.08.2022 ISSUED BY THE
RESPONDENT IN NO.UNK(BO)/257/22.23(ANNEXURE-E) AND
ETC.,
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner was the defendant in
O.S.No.4691/1995 wherein the registered sale deed dated
26.12.1991 was declared to be void and a direction was
given for delivery of possession. The said decree came to
be reversed by a Co-ordinate Bench of this court in RFA
No.531/2009 disposed off on 22.04.2015. Petitioner had
given a Representation to the Respondent restore the
entries in the Registers/Records in his favour consequent
to reversal of Civil Court decree at the hands of the Co-
ordinate Bench. This having not happened, the petitioner
is grieving before the Writ Court.
2. Learned AGA appearing for the official
respondents oppose the petition contending that mere
reversal of a decree with some observations at the hands
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WP No. 19027 of 2022
of a Coordinate Bench of this court would not entitle the
petitioner to have his name reentered in the Records, as
something more needs to be shown for doing that. So
contending, she seeks dismissal of the writ petition.
3. Having heard the learned counsel for the parties
and having perused the petition papers, this Court is
inclined to grant indulgence in the matter inasmuch as the
sale deed dated 26.12.1991 that was voided by the Civil
Court has been revived by virtue of judgment & order
made in the subject RFA. Whatever entries were altered
based upon the Civil Court decree, therefore need to be
restored as they were before. This views is consistent
with the intent of the Legislature as enacted under the
Provisions to Sec.135 of Karnataka Land Revenue Act,
1964.
In the above circumstances, this petition is allowed; a
Writ of Certiorari issues quashing the impugned order; the
respondent is directed to consider Petitioner's
Representation in accordance with law. Time for doing
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this is eight weeks. If delay is brooked, heavy costs may
be imposed on the incumbent of the office of Respondent.
Now, no costs.
Sd/-
JUDGE
Snb/
