IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH
S.R. KRISHNA KUMAR, J.
SMT.VAISHALI W/O KESHAV KADAKOL - Appellant
Vs.
THE STATE OF KARNATAKA, DEPARTMENT OF STAMPS AND REGISTRATION & ANR. - Respondent
WRIT PETITION NO.103813/2021 (GM-ST/RN)
Decided On : 05-10-2021
Indian Registration Act, 1908 - Section 22A - Karnataka Land Revenue Rules, 1966 - Rule 46(h) - Karnataka Land Revenue Act, 1964 - Section 128 and 131(c) - Registered sale deeds - In addition to reiterating various contentions put forth in memorandum of writ petition and referring to documents produced by petitioner learned counsel for petitioner submits that pursuant to purchasing subject land vide registered sale deed respondent No.2/Sub-Registrar did not handover original registered sale deed to petitioner. Subsequently, when petitioner submitted a representation vide Annexure-C respondent No.2 issued impugned endorsement at Annexure-C made on said representation rejecting the request of the petitioner for issuance of registered sale deed in his favor on sole ground that the petitioner has not produced that sketch as required –
Finding of the court : Insofar as prayer (b) for issuance of necessary directions to State Government to carry out necessary changes/corrections in website by registering authorities throughout State of Karnataka without insisting on production of sketch and even in absence of said sketch is concerned court am of considered opinion that in view of decision of this Court in case it has become absolutely essential on part of respondent No.1 to make necessary changes/ corrections in aforesaid website and take necessary steps to enable uploading of documents by registering authorities even in absence of sketch and without insisting for production of same –
Result : Petition is allowed.
ORDER :
In this petition, the petitioner has sought for the following reliefs.
b. Issue writ in the nature of mandamus or any such writ or direction directing the respondent No.1 to make necessary correction in the Kaveri online services website with link https//kaverionoline.karnataka.gov.in/ to enable the registering authorities in the state of Karnataka to upload the registered sale deeds on the said websites in the absence of 11E sketch in cases other than those which come under the purview of section 131(c) and section 128 of the Karnataka Land Revenue Act, 1964 and etc.
2. Heard learned counsel for the petitioner and learned HCGP for respondents. Perused the material on record.
3. In addition to reiterating the various contentions put forth in the memorandum of writ petition and referring to the documents produced by the petitioner, learned counsel for the petitioner submits that pursuant to the purchasing subject land vide registered sale deed dated 18.12.2010, the respondent No.2/Sub-Registrar did not handover the original registered sale deed to the petitioner. Subsequently, when the petitioner submitted a representation vide Annexure-C dated 21.09.2021, the respondent No.2 issued the impugned endorsement at Annexure-C made on the said representation rejecting the request of the petitioner for issuance of the registered sale deed in his favour on the sole ground that the petitioner has not produced that the ‘11E’ sketch as required under Section 131(c) of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act of 1964’) r/w Rule 46(h) of the Karnataka Land Revenue Rules, 1966 (for short, ‘the Rules of 1966’). In this context, learned counsel for the petitioner also submitted that in relation to the production of ‘11E’ sketch, the State Government had issued a circular dated 06.04.2009 requiring production of ‘11E’ sketch at the time of registration of the documents by the registering authorities. The said circular dated 06.04.2009 was called in question before this Court in the case of G.Ramachar and another Vs. State of Karnataka and others, AIR 2016 (3) KLJ 1, wherein this Court has quashed the said circular as well as Section 22A of the Indian Registration Act, 1908 (Karnataka Amendment). It is also submitted that by virtue of the striking down of Section 22A of the Registration Act, 1908 (Karnataka Amendment) as well as the aforesaid circular dated 06.04.2009 issued by the State Government in pursuance of the said provision, it was not open for the respondent No.2-registering authority to insist upon production of the ‘11E’ sketch for the purpose of registration of the sale deed. In this context, learned counsel also places reliance upon the decision of this Court in the case of Smt.Vaishali Vs. The Sub Registrar, W.P.No.117177/2019 dated 18.03.2021 in order to contend that the decision of this Court in Ramachar’s case has been followed and identical/similar endorsement issued by the Sub-Registrar was quashed and this Court issued necessary directions to the Sub-Registrar to register the sale deeds produced by the petitioner therein without insisting upon production of the ‘11E’ sketch. It is therefore submitted that having regard to the aforesaid facts and circumstances, the impugned endorsement at Annexure-C dated 21.09.2021 deserves to be quashed.
4. Learned counsel for the petitioner further submits that the State Government has opened a website https://kaverionline.karnataka.gov.in to enable the registering authorities to upload all registered documents; it is submitted that website as it stands now does not permit uploading of registered documents in the absence of ‘11E’ sketch a
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