R.DEVDAS J., (ORAL):

The prayer in this writ petition is as follows:

i.

Issue a writ or order in the nature of certiorari or any other writ or

direction, order to quash/ set aside the impugned sale deed

dated 05.02.2018 bearing No. BLY-I-15733-2017-18 executed by

respondent No.3 in favour of respondent No.4 and sale deed

dated 08.09.2021 bearing No. BLY-1-07344-2021-22 executed

by respondent No.4 in favour of respondent No.5 produced and

marked as Annexure-D & E;

ii.

By issuing a writ in the nature of Mandamus directing the

respondent No.2 the Sub-Registrar, Ballari from registering any

sale deed pertaining to properties bearing Sy. Nos. 370/A, 293

and 294 measuring 3.00 Acres, 1.51 Acres and 70 cents

respectively all are situated in Moka Village of Ballari Taluk and

Dist. As per order dated 04.01.2013 in W.P. No. 75003/2013 vide

Annexure-C and legal notice dated 14.02.2022 vide Annexure-F.

Learned counsel for the petitioner submits that earlier the

petitioner along with other persons had filed W.P. No. 75003/2013

challenging the order dated 06.12.2012 by virtue of which certain

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entries were made in the RTC. This Court by order dated

04.01.2013 noticed that the Deputy Commissioner has already

directed the Tahasildar to consider orders passed by this Court and

also the provisions of law and make appropriate entry in the

revenue records and till then the parties were directed to maintain

statusquo as on the date of the order. Nevertheless, the

respondent No.3 has thereafter sold the property to respondent

No.4 vide sale deed dated 05.02.2018 and in turn the respondent

No.4 sold the property in favour of respondent No.5 herein under a

sale deed dated 08.09.2021. The petitioner therefore seeks to set

aside the registered sale deeds and to direct the respondent No.4,

the Sub Registrar, Ballari preventing him from registering any other

sale deed pertaining to properties bearing Sy. No. 370/A, 293 and

294 measuring 3 acres, 1.51 acres and 70 cents respectively, all

situated at Moka village of Ballari Taluk.

Though notice is served on respondents No.3 and 4, they

have remained absent. Notice issued to respondent No.4 has

returned with a shara “refused”.

Learned Addl. Government Advocate, however submits that

the prayer made in the writ petition to quash a registered sale

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deed, cannot be granted by this Court under Article 226 of the

Constitution of India. It is the submission of the learned Addl.

Government Advocate that such a declaration for cancellation of

the sale deed can only be sought before a competent Civil Court.

At this juncture, learned counsel for the petitioner submits

that office also had raised an objection regarding maintainability of

the writ petition stating that there is a remedy before the trial Court

to challenge the sale deed. Learned counsel further submits that

by order dated 04.04.2022 office objection was over-ruled.

Nevertheless, learned counsel for the petitioner is unable to

substantiate his contention as to whether this Court, under Article

226 of the Constitution of India could quash a registered sale deed,

only on the ground that there was earlier a direction issued by this

Court on 04.01.2013 in W.P. No. 75003/2013, while disposing of

the matter, directing the parties to maintain statusquo till

appropriate orders are passed by the Tahasildar in the matter of

entries in the revenue records. In this regard, this Court is of the

considered opinion that the lis brought before this Court in W.P.

No. 75003/2013 was in the matter of entries in the revenue

records. Therefore, even if there was a direction issued by this

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Court, directing the parties to maintain statusquo till the Tahasildar

could pass any order regarding entries in the RTCs, it cannot be

stretched to contend that the parties were precluded from

executing a sale deed. It could be argued by the contesting

respondent that the direction to maintain statusquo was regarding

the entry in the RTC.

6.

Learned counsel for