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2025 Supreme(Online)(Kar) 35051

THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SRI. RAJANASA SRIKANTA PATIL – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WP 32837/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 32837 OF 2025 (GM-ST/RN)

BETWEEN:

SRI. RAJANASA SRIKANTA PATIL S/O. SRIKANTA PATIL, AGED 71 YEARS, R/AT NO.420, 4TH BLOCK, 41ST MAIN, H.B.R. LAYOUT, BENGALURU 560 084 …PETITIONER (BY SRI. JAYARAJ D S, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, DR. AMBEDKAR VEEDHI, M. S. BUILDING, BENGALURU - 560 001 Digitally signed by SHWETHA 2. THE DEPUTY COMMISSIONER AND RAGHAVEND RA DISTRICT REGISTRAR, Location: HIGH SHIVAJI NAGAR REGISTRATION DISTRICT, COURT OF NO. 122/22, 4TH FLOOR, KARNATAKA MONARK CHAMBER, INFANTRY ROAD, BENGALURU - 560 001

3. THE SUB-REGISTRAR, BANASAVADI, NO. 740/2, BMP NO. 25, 9TH B MAIN ROAD, HRBR LAYOUT, 1ST BLOCK, KALYANANAGAR, BENGALURU - 560 043 …RESPONDENTS (BY SRI. RAVINDRANATH B. AGA.,)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING THE IMPUGNED OFFICIAL LETTER BEARING NO. 530/2025-26 DATED 08.10.2025 ISSUED BY THE RESPONDENT NO. 3 TO THE RESPONDENT NO. 2 ALONG WITH CALCULATION AFFIXED THERETO WITH RESPECT TO THE SCHEDULE PROPERTY VIDE ANNEXURE-A AND ETC.

THIS WRIT PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

ORAL ORDER

1. Learned AGA accepts notice for Respondents No.1 to 3.

2. The Petitioner is before this Court seeking for the following reliefs:

a) Issue a writ in the nature of certiorari or any other appropriate writ or order quashing the impugned official letter bearing No. 530/2025-26 dated 08.10.2025 issued by the respondent No. 3 to the respondent No. 2 along with calculation affixed thereto with respect to the schedule property vide ANNEXURE - A;

b) Issue a writ in the nature of mandamus or any other appropriate writ or order directing the official respondents to register the Sale Deed presented by the petitioner with reference to the valuation of the property as per the Sale Vide ANNEXURE-B Agreement dated 18.02.1998 within a period of fifteen (15) days and furnish the original registered Sale Deed to the petitioners forthwith.

c) Pass any other order/s or direction/s as this Hon'ble Court deems fit to pass in the facts and circumstances of the case including costs in the interest of justice and equity.

3. Petitioner had entered into an agreement of sale with the owner of the premises on 18.02.1998 for a consideration of Rs. 5,05,051/-, out of which the Petitioner had made a payment of Rs. 4,05,051/-, and possession of the property had been delivered to the Petitioner. The Petitioner, being required to make payment of the balance consideration of Rs. 1,00,000/- before the execution of the registration of the sale deed, made a payment of a further sum of Rs. 75,000/- and thereafter called upon the owner of the premises to execute a sale deed by receiving the balance consideration. The original vendor having expired, his legal heirs not acceding to the said request, the petitioner had filed a suit in OS No.15008/2002 seeking for specific performance of the said agreement of sale. The trial Court, vide its judgment dated 23.11.2018 decreed the said suit. In furtherance of which, the petitioner filed execution proceedings in EP No.25307/2023 for execution of the judgment decree passed in OS No.15008/2002. In pursuance of which that a Court Commissioner was appointed and thereafter, the sale deed was sought to be registered with the jurisdiction Sub- Registrar's office. At that time, Respondent No.3 Sub-Registrar by its letter dated 08.10.2025 intimated the petitioner that the current market value of the property was Rs.2,52,67,749/- and as a stamp duty of Rs.14,14,994/- and registration fee of Rs.5,05,355/- totalling to Rs.19,20,349/- is required to be paid for the purpose of registration. It is challenging

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