THE HIGH COURT OF KARNATAKA
SURAJ GOVINDARAJ
SRI N UMASHANKAR – Appellant
Versus
THE DEPUTY DIRECTOR – Respondent
WP 25346/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 25346 OF 2025 (GM-ST/RN)
BETWEEN:
SRI N UMASHANKAR S/O M NANJUNDA CHAR, AGED ABOUT 49 YEARS, NO.122, 5TH CROSS, KH RANGANATHA COLONY, MYSORE ROAD, BANGALORE, GOVERNMENT ELECTRIC FACTORY, BANGALORE 560026.
…PETITIONER (BY SMT SARITHA A L, ADVOCATE FOR SRI. S SHANKARACHAR., ADVOCATE)
AND:
THE DEPUTY DIRECTOR OFFICE OF THE DIRECTOR OF PRINTING, Digitally signed STATIONERY AND PUBLICATIONS, by SHWETHA GOVERNMENT CENTRAL PRESS, RAGHAVENDRA R V COLLEGE POST, MYSORE ROAD, Location: HIGH COURT OF BANGALORE- 560039 KARNATAKA …RESPONDENT (BY SRI. B.RAVINDRANATH, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE, A WRIT OF CERTIORARI OR ANY OTHER WRIT OR DIRECTION QUASHING THE ENDORSEMENT DATED 03.03.2025 IN NO. KA PA.SAM. DPS/ESTC/MISC/3/2024- EST 018 19584/2025 ISSUED BY THE RESPONDENT, A COPY OF WHICH IS PRODUCED AT ANNEXURE-J., AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN B GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
1. Petitioner is before this Court seeking for the following reliefs:-
i. "Issue, a writ of certiorari or any other writ or direction quashing the endorsement dated 03.03.2025 in No. Ka Pa.Sam. DPS/ESTC/MISC/3/2024- EST 018 19584/2025 issued by the respondent, a copy of which is produced at Annexure - J, and consequently, ii. Issue, a writ of mandamus or any other writ or direction directing the respondent to issue clearance certificate of the mortgage loan and discharge the mortgage on the petition property by considering the representations dated 6.1.2025, copies of which are produced at Annexures - G expeditiously."
2. The grievance of the petitioner is that the earlier mortgage created by the petitioner in favour of respondent No.2 still continues to be reflected in the encumbrance certificate despite the payment of entire amount.
3. Learned AGA submits that the discharge certificate has already been issued on earlier occasion and it is for the petitioner to have submitted the same before the Sub-Registrar for registration. Upon such registration, the encumbrance would have been removed.
4. Be that as it may, since the earlier discharge certificate was said to have been issued in the year 1995, there being no dispute as regard the loan being cleared, in the interest of justice, the relief sought for is moulded directing the respondent to furnish one more discharge certificate within a period of 60 days from the date of receipt of copy of this order, which the petitioner shall submit before the jurisdictional Sub-Registrar within 30 days of such receipt. Petition is disposed of SD/-
(SURAJ GOVINDARAJ)
JUDGE MH/-
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