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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
(DIVISION BENCH)
B. PADMARAJ, Actg. C.J. AND V. JAGANNATHAN, J.
D.PAVANESH - Petitioner
Versus
STATE OF KARNATAKA AND OTHERS - Respondents
Writ Petition No. 24309 of 2005
Decided on 3rd January, 2006
Cases Referred: (1995) 1 SCC 295 ; ILR 1988 KAR 1398; ILR 1991 KAR 4401; ILR 2005 KAR 60; WA No. 2624 OF 2005 disposed of on 25-11-2005 (Arkavathy case) Followed: AIR 2005 SC 3401.
Registration Act, 1908 -Banning of registration of certain documents -Section 22-A -Banning of registration of certain documents -Legality -Karnataka Government issued notification -Those properties which are to be used for agricultural purpose and those not converted for non-agricultural purpose under Section 95 of the Karnataka Land Revenue Act, 1964 -Those properties which are declared under Form No. 19 under the rules framed under the Karnataka Municipalities Act, 1964 but not actually converted as such Site -Those properties/sites formed on revenue land cannot be registered without obtaining approved layout plan and a release certificate from the competent local planning authority -Those properties/sites formed on revenue land without requisite permission under Section 79/ A and B read with Section 109 of Karnataka Land Reforms Act -Registration of documents of sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise pertaining to the above lands came to be banned -Legality of -Matter is no longer res integra -Is covered by decision of Apex Court in AIR 2005 SC 3401 -As a result, the impugned notification No. RD 174 MUNOMU 2005 (dtd 23-4-2005) and consequent Circular No. RD 174 MUNOMU (dtd 23-8-2005) are quashed. [B. Padmaraj, Ag. CJ and V. Jagannathan, J]: A transaction between two persons capable of entering into a contract which does not contravene any statute would be valid in law. The State of Karnataka does not make such transactions illegal. Execution of documents such as sale, gift etc. per se is not illegal. The necessity for registration under the Registration Act would depend upon what a document is or what it purports to be. The question whether there should be a writing or registration would depend on each of the transactions and not on their cumulative result.
Documents pertaining to sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise of lands declared under Form 19 but not converted -Registration of -Banned by notification -Legality. See, Registration Act, 1908 -Section 22A.
Karnataka Town and Country Planning Act, 1961 -Prohibition of registration -Section 14 -Prohibition of registration -Documents pertaining to sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise of sites formed on revenue land without approval of layout plan and release certificate from competent local planning authority -Registration of -Banned -Legality.
Cases Referred: (1995) 1 SCC 295 ; ILR 1988 KAR 1398; ILR 1991 KAR 4401; ILR 2005 KAR 60; WA No. 2624 OF 2005 disposed of on 25-11-2005 (Arkavathy case) Followed: AIR 2005 SC 3401
Karnataka Urban Development Authorities Act, 1987 -Prohibition of registration -Section 69 -Prohibition of registration -Documents pertaining to sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise of sites formed on revenue land without approval of layout plan and release certificate from competent local planning authority -Registration of - Banned -Legality. See, Registration Act, 1908 -Section 22-A.
Karnataka Land Reforms Act, 1961 -Banning of registration -Sections 79-A, 79-B and 109 -Banning of registration -Documents pertaining to sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise of sites formed on revenue land without requisite permission under the provisions -Registration of -Banned -Legality. See, Registration Act, 1908 -Section 22-A.
Karnataka Land Revenue Act, 1964 -Prohibition of registration -Section 95 -Prohibition of registration -Documents pertaining to sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise of unconverted land -Registration of -Banned by a notification -Legality.
Karnataka Municipal Corporations Act, 1976 -Banning of registration -Banning of registration -Documents pertaining to sale, gift, exchange, mortgage, agreement to sell or assignment or otherwise of sites formed on land which is not converted for non-agricultural purpose situate within the jurisdiction of a City Corporation -Registration of -Banned -Legality. See, Registration Act, 1908 -Section 22-A.
The petitioner is a practicing Advocate in Bangalore. He also claims to be a public spirited person having faith in the rule of law and rendering great social and legal services by espousing causes of public nature. He has filed this writ petition under Articles 226 and 227 of the Constitution by way of pubic interest litigation with the prayer for issue of a writ of certiorari quashing the impugned Notification dated 23-4-2005 bearing No. RD 174 MUNOMU 2005 issued by the 4th respondent vide Annexure-A and the consequent circular dated 23-8-2005 bearing No. RD 174 MUNOMU 2005 issued by the 5th respondent as per Annexure-B. The Government of Karnataka has issued a Notification classifying the registration of certain documents as opposed to public policy dated 23-4-2005 which is as per Annexure-A. The Government of Karnataka has also issued a Circular dated 23-8-2005 in pursuance of the earlier notification dated 23-4-2005 which is at Annexure-B. The petitioner has presented this writ petition challenging the said notification and circular issued by the Government of Karnataka in banning registration of certain documents. It is stated that the registration of various deeds of conveyance were being carried out in the various parts of the State of Karnataka as per the provisions of the Registration Act, 1908 and the Registration Rules, 1965 made thereunder. The Government of Karnataka has issued a notification dated 23-4-2005 classifying registration of certain documents as opposed to public policy and it has also issued another circular dated 23-8-2005 in pursuance of the earlier notification dated 23-4-2005, issuing certain clarifications. It is the case of the petitioner that such action on the part of the State Government is opposed to public policy and the interest of the public. The Government of Karnataka has issued a notification dated 23-4-2005 in exercise of its powers under Section 22-A of the Registration Act, 1908, as amended by the Karnataka Act 55 of 1976 which is at Annexure-A to the writ petition. As per the said notification, the registration of the following documents is prohibited as being opposed to "public policy":
"Those properties which are to be used for agricultural purpose and those not converted for non-agricultural purpose under Section 95 of the Karnataka Land Revenue Act, 1964.
Those properties which are declared under Form 19 under the Rules framed under the Karnataka Municipalities Act, 1964 but not actually converted as such site.
Those properties/sites formed on revenue land cannot be registered without obtaining approved layout plan and a release certificate from the competent local planning authority.
Those properties/sites formed on revenue land without requisite permission under Sections 79-A and 79-B read with Section 109 of Karnataka Land Reforms Act, 1961".
The proviso to the said notification exempts the application of this notification to properties under Ashraya Scheme, Peoples Housing Scheme,' HUDCO, those transferred by Zilla Panchayat, Taluk Panchayat, City Municipal Council, Urban Development Authority, KIADB, KHB, etc.
It is stated that the 4th respondent has absolutely no authority to pass such an Executive Order in the name of the Governor of Karnataka. The said notification is based on the sole assumption that all the properties which are not converted for non-agricultural purpose as required under the Karnataka Land Revenue Act, 1964 and Karnataka Land Grant Rules, 1969, cannot be registered as non-agricultural land, which is totally contrary to the rule of law prevailing in our country, opposed to various statutory enactments, the constitutional rights guaranteed to the citizens of our country and the various precedents. It is further stated that pursuant to issue of such notification, another circular dated 23-8-2005 came to be issued by the 5th respondent which is at Annexure-B, which circular is intended to be passed in pursuance of the earlier notification dated 23-4
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