Karnataka High Court
Mr. Shankar G vs The Inspector General Of Registration ... on 29 May, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:18095
WP No. 26676 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 26676 OF 2023 (GM-ST/RN)
BETWEEN:
1. MR. SHANKAR G
S/O LATE G. VENKATARAMANNA,
AGED ABOUT 54 YEARS, RESIDING AT NO 80,
13TH CROSS, 20TH MAIN,
SAHAKARNAGAR A BLOCK,
BANGALORE - 560092
...PETITIONER
(BY SMT. SREEDEVI.,ADVOCATE FOR
SRI. PATIL J M.,ADVOCATE)
AND:
1. THE INSPECTOR GENERAL OF REGISTRATION AND
COMMISSIOER OF STAMPS
Digitally KANDAYA BHAVAN, 8TH FLOOR,
signed by V KEMPEGOWDA ROAD, BANGALORE - 560009
KRISHNA
...RESPONDENT
Location:
High Court of (BY SRI. S H RAGHAVENDRA.,AGA)
Karnataka
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT TO CONSIDER THE REPRESENTATION DATED
22.03.2022 I.E. ANNEXURE-C (TO THE WRIT PETITION) AND
ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:18095
WP No. 26676 of 2023
ORDER
In this petition, petitioner has sought for the following
reliefs;
"I. To issue a Writ Mandamus directing the
respondent to consider the Representation dated
22.03.2022 i.e. Annexure-C (to the writ petition);
II. To issue Writ Mandamus directing the
respondent to remove the entries of Joint
Development Agreement dated 01.03.2006,
registered as document no. Ken-1-27627/2005-06
of Book-I stored in CD No.KEND-265 in the office of
Sub-Registrar, Kengeri, and Bangalore from the
encumbrance or in alternative incorporate the
orders of Civil Court declaring the above deed as
null and void i.e., at Annexure-B ( to the Writ
Petition).
III. To award costs and grant such other
relief(s) or pass orders as this Hon'ble Court deems
fit and expedient in the circumstances of the case in
the interest of justice and equity."
2. It is the limited grievance of the petitioner in the
present petition that despite submission of a representation as
long back as on 22.03.2022, the respondent has not taken any
steps to consider the said representation nor any order has
been passed on the same so far and as such, the petitioner is
before this Court by way of the present petition.
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3. Learned counsel for the petitioner submits that despite
the judgment and decree dated 29.11.2021 passed in
O.S.No.7362/2019 on the file of the XXXV Addl. City Civil and
Sessions Judge, Bengaluru, the respondent has not taken steps
to implement and give effect to the said decree and as such,
the petitioner is before this Court by way of the present
petition.
4. Per contra, learned AGA submits that if reasonable
time is granted, the respondent would consider and take
appropriate steps pursuant to the aforesaid representation in
accordance with law.
5. In view of the aforesaid facts and circumstances, I
deem it just and appropriate to 'dispose of' this petition
directing the respondent to take appropriate steps to address
the grievance of the petitioner, consider and take appropriate
steps on the representation dated 22.03.2022 at Annexure-C
submitted by the petitioner in the light of the judgment and
decree dated 29.11.2021 passed in O.S.No.7362/2019 on the
file of the XXXV Addl. City Civil and Sessions Judge, Bengaluru,
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as expeditiously as possible and at any rate within a period of
two months from the date of receipt of a copy of this order.
Sd/-
JUDGE
PHM
