Karnataka High Court
Md Issaq vs The Sub Registrar on 1 October, 2024
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
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NC: 2024:KHC-K:7574
WP No. 202706 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 1ST DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO. 202706 OF 2024 (GM-RES)
BETWEEN:
1. MD ISSAQ
S/O HAZARATH ALI BAGWAN,
AGE. 44 YEARS,
OCC. AGHRICULTURE
2. MD MOINUDDIN BABAR
S/O MD. ISSAQ BAGWAN,
AGE. 23 YEARS,
OCC. STUDENT,
BOTH R/O MOMINUR KHUNI ALAWA,
KALABURAGI-585104.
3. DAWAL SAB
S/O MAHABOOB SAHEB
AGE. 67 YEARS,
Digitally OCC. BUSINESS,
signed by R/O TAJ NAGAR, MUSLIM SANGH
PRAKASH N FILTER BED ROAD,
Location: KALABURAGI-585104.
HIGH
COURT OF ...PETITIONERS
KARNATAKA (BY SRI. JAYANANDAYYA.,ADVOCATE)
AND:
THE SUB REGISTRAR
MINI VIDHANA SOUDHA
KALABURAGI 585101
...RESPONDENT
(BY SMT. MAYA T.R., HCGP)
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NC: 2024:KHC-K:7574
WP No. 202706 of 2024
THIS WRIT PETITION FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS AND ISSUE WRIT OF MANDAMUS DIRECTING THE
RESPONDENTS TO CONSIDER THE REPRESENTATION OF THE
PETITIONERS RECEIVED DATED 05.09.2024 AND 24.09.2024 AS PER
ANNEXURE-B AND C AND DIRECT THE RESPONDENT TO MAKE AN
ENTRY REGARDING CANCELLATION OF SALE DEEDS AS SHOWN IN
THE JUDGMENT AND ORDER IN RFA NO. 200020/2017 IN ENDS OF
JUSTICE AND EQUITY AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
(PER: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ)
1. Learned HCGP accepts notice for respondent.
2. The petitioners are before this Court seeking for the
following reliefs:
1. Issue a writ of mandamus directing the respondents
to consider the representation of the petitioners
received dated 05.09.2024 and 24.9.2024 as per
Annexure-B & C and direct the respondent to make
an entry regarding cancellation of sale deeds as
shown in the judgment and order in RFA
No.200020/2017 in ends of justice and equity.
2. Issue any writ or order or directions as this Hon'ble
Court deems fit in the circumstances of the case.
3. The contention of the learned counsel for the
petitioner is that in RFA No.200020/2017, the parties
NC: 2024:KHC-K:7574
had entered into a settlement and a compromise
petition filed in furtherance of which a compromise
decree was drawn.
4. In terms of said compromise, sale deeds bearing
No.7384/2013-14, 7381/2013-14, 7380/2013-14,
7383/2013-14 and 7386/2013-14 were required to
be cancelled. Despite a representation having been
submitted by the petitioner to the respondent on
05.09.2024 and 24.09.2024 enclosing the said
decree, the Sub-Registrar has not taken any action.
5. Whenever a Court of law has passed any decree and
the same is presented before the Sub-Registrar for
necessary action, it would be required for the Sub-
Registrar to act on the said decree and carry out the
necessary actions as required in the said decree
within a reasonable period of time, which cannot
extend beyond 30 days, unless the sub-registrar in
writing seeks for any clarification or document. The
same not having been done, I pass the following:
NC: 2024:KHC-K:7574
ORDER
i) The Writ petition is allowed.
ii) A mandamus is issued directing the respondent
to consider the representation of the petitioner
dated 05.09.2024 and 24.09.2024 at
Annexures-B and C, respectively, in terms of
the decree passed in RFA No.200020/2017
within 30 days of the receipt of a copy of this
order.
Sd/-
(SURAJ GOVINDARAJ)
JUDGE
PRS
