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2024 Supreme(Online)(KAR) 31443
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.6971 OF 2024 (GM-CPC)
BETWEEN:
SRI B S THULSIRAMU S/O B S SIDDARAJU AGED ABOUT 67 YEARS RESIDING AT NO.910, I BLOCK RAMAKRISHNA NAGAR MYSURU - 570 022.
…PETITIONER (BY SRI. RAHUL GADIGEPPA SANGRESHI, ADVOCATE)
AND:
1. STATE OF KARNATAKA DEPARTMENT OF STAMP AND REGISTRATION M S BUILDING DR AMBEDKAR VEEDHI BENGALURU 560 001.
Digitally signed by
2. MYSURU URBAN DEVELOPMENT AUTHORITY VANDANA S HAVING OFFICE AT Location: H igh JHANSI RANI LAKSHMI BAI ROAD Court of Karnataka K G KOPPAL, MAHARAJA’S JUNIOR COLLEGE AND HIGH SCHOOL CHAMARAJPURA MYSURU 570 005.
REPRSENTED BY COMMISSIONER
3. THE SUB-REGISTRAR MYSORE URBAN DEVELOPMENT AUTHORITY JLB ROAD, MYSURU.
4. THE SUB-REGISTRAR MYSURU SOUTH VIVEKANANDA NAGAR CIRCLE RAMAKRISHNA NAGAR MYSURU – 570 023.
5. THE SUB-REGISTRAR MYSURU NORTH MINI VIDHANA SOUDHA NAZARBAD MOHALLLA MYSURU – 570 010.
…RESPONDENTS (BY SRI. GURUSWAMY B.S., AGA FOR R-1, 3 TO 5 SRI. G.B. SHARATH GOWDA, ADVOCATE FOR R-2)
THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO COMPLY WITH ORDER OF TEMPORARY INJUNCTION DATED 11/05/2023 GRANTED BY THE COURT OF II ASCJ AND CJM, MYSURU IN OS NO. 650/2023 (OLD NUMBER OS NO. 54/2023) (PRODUCED AS ANNEXURE-B) AND CONSEQUENLTY RESTRAIN THE RESPONDENTS FROM REGISTERING ANY DOCUMENT ALIENATING THE SUIT SCHEDULE PROPERTY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks the following reliefs:
“i) Issue a writ of Mandamus directing the respondents to comply with order of temporary injunction dated 11.05.2023 granted by the court of II ASCJ and CJM, Mysuru in O.S.No.650/2023 (old number O.S.No.54/2023) (Produced as Annexure “B”) and consequently restrain the Respondents from registering any document alienating the suit schedule property.
ii) Issue a writ of Mandamus directing the respondents to consider the legal notices dated 10.01.2024 (produced as Annexure-‘F’) and consequently refuse registration of any conveyance deed in respect of the schedule property;
iii) Pass such other Writ or order as deemed fit in the circumstances of the case, in the interest of justice and equity.”
2. After arguing the matter for sometime, learned counsel for the petitioner submits that the present petition may be restricted to prayer No.(ii) by directing the concerned respondent to pass appropriate orders on the representation, in accordance with law. It is further submitted that liberty may be reserved in favour of the petitioner to take recourse to such remedies as available in law in relation to prayer No.(i).
3. The said submission is placed on record.
4. In view of the aforesaid facts and circumstances and submissions made on behalf of the petitioner, I deem it just and appropriate to dispose of this petition by directing the concerned respondent to address the grievances of the petitioner and take appropriate steps / action pursuant to the representation at Annexure – F dated 10.01.2024, in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.
5. Subject to the aforesaid directions, petition stands disposed of.
6. However, liberty is reserved in favour of the petitioner to take recourse to such remedies as available in law in relation to prayer No.(i) including filing of fresh petition before this Court, if occasion so arises.
