Karnataka High Court
Sri V Prasad vs The State Of Karnataka on 6 August, 2024
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NC: 2024:KHC:31765-DB
WA No. 865 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF AUGUST, 2024
PRESENT
THE HON'BLE MR. N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO. 865 OF 2024 (GM-ST/RN)
BETWEEN:
1. SRI V PRASAD
S/O LATE Y. VENKATAPPA,
AGED ABOUT 51 YEARS,
GIDDAPANAHALLI VILLAGE,
SULIBELE HOBLI, HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT - 562 114.
...APPELLANT
(BY SRI UDAYA HOLLA, SENIOR ADVOCATE FOR
SRI M.S. DEVARAJU, ADVOCATE)
AND:
Digitally signed
by PRABHAKAR
SWETHA 1. THE STATE OF KARNATAKA
KRISHNAN
REP. BY ITS SECRETARY TO GOVERNMENT,
Location: High
Court of DEPARTMENT OF STAMPS AND REGISTRATION,
Karnataka M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE INSPECTOR-GENERAL OF REGISTRATION
AND COMMISSIONER OF STAMPS,
'KANDAYA BHAVANA',
8TH FLOOR, K.G. ROAD,
BENGALURU - 560 009.
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WA No. 865 of 2024
3. THE SUB-REGISTRAR,
MINI VIDHANA SOUDHA,
HOSKOTE,
BENGALURU RURAL DISTRICT - 562 114.
4. SRI MANU N,
S/O M. NAGARAJ,
AGED ABOUT 37 YEARS,
R/O NO.151, 'RUSTUMJI VILLAS',
WHITEFILED,
BENGALURU - 560 066.
...RESPONDENTS
(BY SMT. NILOUFER AKBAR, AGA FOR R1 TO R3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO ALLOW THE APPEAL WITH
COSTS AND SET ASIDE THE IMPUGNED ORDER PASSED BY
THE LEARNED SINGLE JUDGE OF THE HON'BLE HIGH COURT
OF KARNATAKA IN W.P.No.426/2021 (GM-ST/RN) DATED
22.04.2024 AND BE PLEASED TO ALLOW THE W.P.No.
426/2021(GM-ST/RN) & ETC.
THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, JUDGMENT WAS DELIVERED THEREIN
AS UNDER:
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WA No. 865 of 2024
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K V ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
As learned Single Judge, by his judgment and order dated
22.04.2024 did not grant the prayers made in the writ petition and
dismissed the petition, the appellant-original petitioner has filed this
writ appeal under Section 4 of the Karnataka High Court Act, 1961.
1.1 The prayer made in the original petition were to set aside the
sale deed dated 21.03.2019 and further to declare that the sale
deed was null and void.
2. Heard learned Senior Advocate Mr. Udaya Holla assisted by
learned advocate Mr. M.S. Devaraju for the appellant and learned
Additional Government Advocate Smt. Niloufer Akbar for
respondent Nos.1 to 3.
2.1 While Additional Government Advocate would submit at the
outset that the very kind and nature of the prayers made in the
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petition could not be granted in the writ jurisdiction. This
submission could not be brushed aside lightly.
2.2 Even otherwise, looking into the facts of the case, no
different conclusion could be arrived at, as highlighted herein
below.
3. Noticing the facts, the petitioner claims to be the owner and
in possession of the lands bearing Sy. Nos.12, 13, 17, 18 and 74/2
of Ekarajapura Village, Hosakote Taluka, Bengaluru Rural District.
It is the say of the petitioner that the said properties were acquired
in terms of the order passed by the Deputy Commissioner under
the Mysore (Personal and Miscellaneous) Inams Abolition Act,
1954. The petitioner's case is that he inherited the property which
measures 11 Acres and 19 Guntas.
3.1 The petitioner thereafter applied for conversion of the land
from agricultural to industrial purpose and further to commercial
purpose under the Karnataka Land Revenue Act, 1964. The
conversion was granted. Application was also made before the
planning authorities for sanction of the plan.
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3.2 After the conversion was allowed, when the application
before the competent authority was pending which later culminated
into issuance of commencement certificate for purpose of
construction of commercial building, the petitioner entered into a
Joint Development Agreement with respondent No.4.
3.3 It appears that a circular was issued on 06.04.2009 by the
Government under the provisions of the Registration Act, 1908 for
the purpose of registering the properties under the Gram
Panchayats. One of the requirement under the circular was to
make Form Nos.1 and 12 compulsory for registration of non-
agricultural lands which was amended on 24.01.2013 to bring the
circular within the requirements under the Karnataka Panchayat
Raj Rules, 2006. The amendment brought within its purview was
for identification of a property prior to the registration. In the case of
the petitioner, conversion was granted after the circular was made
applicable.
3.4 Respondent No.4 filed Writ Petition No.10582 of 2018
challenging the circular and calling in question the correctness of
the said circular. The petitioner was however not a party to the said
writ proceedings. The Registrar had declined to register the sale
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deed. It appears that the writ petition was allowed. The Court
directed respondent No.4-the Sub-Registrar to register the sale
deed by setting aside the endorsement.
3.5 The circular dated 06.04.2009 was however not quashed. It
was also provided that two websites namely, E-Swathu and Kaveri
should be corrected in line with the provisions of the Registration
Act, 1908. It is also noticed that the petitioner had filed
impleadment application in those proceedings, which was not
allowed. After the decision of the writ petition, contempt petition
was filed by respondent No.4 against the non-compliance of the
order dated 13.02.2019 of the writ petition.
3.6 During the pendency of the contempt petition, the Sub-
Registrar registered the sale deed. This development drew the
petitioner to this Court by filing Writ Petition No.426 of 2021 for
setting aside the sale deed dated 21.03.2019 registered during the
pendency of writ appeals which were filed against the order dated
13.02.2019 in Writ Petition No.10582 of 2018 as well as the
contempt proceedings.
4. The main contention is that the registering authority had
registered different deed and not the one which was mentioned in
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the earlier proceedings which culminated into the order of Writ
Petition No.10582 of 2018.
4.1 In this regard, learned Single Judge while dismissing Writ
Petition No.426 of 2021 noted the said aspect and recorded the
following observations and findings,
"The contention was recorded that the learned single Judge
has directed to register the instrument dated 05-02-2018
and altogether different instrument is presented for
registration. The writ appeal was disposed of reserving
liberty to the parties to pursue the subject writ petition as by
then the petitioner had already preferred the subject petition.
The submission of the learned senior counsel for the
petitioner that the 4th respondent has played fraud by getting
registered a different sale deed is contrary to the facts. A
perusal at the sale deed dated 5-02-2018 or the sale deed
that is now registered relate to the same sharing of the Joint
Development Agreement. Any further observation with
regard to the veracity would come in the way of pending
proceedings before the civil Court between the parties."
5. The aspect was also observed by learned Single Judge that
in earlier proceedings nowhere it was directed that only the said
sale deed should be registered. Therefore, the contention that the
sale deed should not be cancelled, was not tenable and was not
supported by any of the order passed by this Court.
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5.1 Furthermore, several proceedings are pending before the
civil court in relation to the subject matter. It is also open to the
petitioner to challenge the sale deed which is registered by
initiating appropriate civil proceedings. For challenging the sale
deed, remedy of civil suit is the proper remedy.
6. For all the aforesaid reasons, no error could be booked in the
judgment and order of learned Single Judge.
7. The appeal is meritless and the same is dismissed.
In view of dismissal of the appeal, the interlocutory
application would not survive and it stands accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K V ARAVIND)
JUDGE
KPS
