The Sub-Registrar is not required to ascertain the identity of the person presenting the document beyond the identity card, and the entries in the encumbrance certificate cannot be deleted as long as the agreement of sale continues to be on the books of the Sub-Registrar.

ORDER :

1. The petitioner is before this Court seeking for the following reliefs:

(a) Issue a writ of certiorari to quash the impugned endorsement dated 26.09.2023 by the respondent in S. No. Uu.No. Ka.Ja/2023-24/47 vide Annexure-G, in the interest of justice and equity.

(b) Issue a writ of mandamus directing the respondent to delete to entries in respect of the agreement of sale dated 15.04.2021 from the encumbrance certificate pertaining to RS No. 104/3K measuring 2 acres 34 gunthas, as requested by the petitioner in the representation dated 14.09.2023 vide Annexure-F, in the interest of justice and equity.

(c) Pass such other order or orders which this Hon’ble court deems fit and necessary under the facts circumstance of the case.

2. The brief facts of the case are:

2.1. The petitioner claims to be the owner and in exclusive possession of the land measuring 02 acres 34 guntas in R.S. No. 104/3K of Tungal village in Jamkhandi Taluk.

2.2. It is alleged that, one Ramesh S/o Sangappa Umarani, taking undue advantage of the similarity in his name and name of the petitioner, i.e. Ramesh S/o Timmanna Umarani, impersonated the petitioner and executed a registered agreement of sale dated 15.04.2021 in respect of the petitioner’s land in favour of one Avinash S/o Mallappa Anadanni.

2.3. In pursuance of the said registered agreement of sale, necessary entries are also found in the encumbrance certificate.

2.4. The said Avinash S/o Mallappa Anadanni, on coming to know of the fraud committed by Ramesh S/o Sangappa Umarani, had filed a complaint before the jurisdictional police on 14.07.2022 for offences punishable under Section 406, 420, 465, 468, 504, 506 read with Section 34 of the IPC, which has been registered by the Jamakhandi Town Police Station in Crime No. 68/2022 and is at present under investigation.

2.5. On coming to know of the execution of the said agreement of sale as regards the property of the petitioner, the petitioner approached the said Jamkhandi Town Police Station with a complaint, however, he was informed that, since already a complaint has been filed as regards the very same allegation, all investigation would be done in the said matter.

2.6. The petitioner’s right in the property being adversely affected, the petitioner had submitted a representation on 14.09.2023, calling upon the respondent to delete the entries in the encumbrance certificate, which came to be rejected vide endorsement dated 26.09.2023 at Annexure-G.

2.7. It is challenging the said endorsement that the petitioner is before this Court.

3. Sri. Girish A. Yadawad, learned counsel appearing for the petitioner would submit that:

3.1. The petitioner not having executed any agreement of sale, someone else impersonated the petitioner and encumbrance has been created on the property of the petitioner, which could not have been so created and thus impinging on the right of the petitioner to exercise his ownership rights over his property.

3.2. Insofar as the agreement of sale is concerned, that is a matter between Avinash S/o Mallappa Anadanni and Ramesh S/o Sangappa Umarani, which is under investigation, but however, the entries in the encumbrance certificate would be required to be deleted so as to enable the petitioner to exercise the ownership rights in his property.

3.3. It is on that basis, he submits that the relief sought for are required to be granted.

4. Sri. Praveen Uppar, learned AGA, who has accepted notice for respondent Sub-Registrar, would submit that:

4.1. The Sub-Registrar has, after accepting the identity card produced, namely aadhar card, has accepted the identity of the person presenting the document and gone ahead with the registration.

4.2. The Sub-Registrar not being entitled to cause any enquiry into the execution of the document or otherwise, acceptance of the said Aadhar card for the purpose of establishing the identity is proper and correct and any dispute that the petitioner has with Ramesh S/o Sangappa Umarani would have to be decided in an app