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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF JUNE, 2021

BEFORE

THE HON’BLE MR.JUSTICE G.NARENDAR

WRIT PETITION NO.10856/2020(GM-ST/RN)

BETWEEN

SRI N.E. SWAMY

DEED WRITER,

S/O LATE ERA NAIKA,

AGED ABOUT 54 YEARS,

R/AT VASUVE GANGANAKOPPA VILLAGE,

HOSANAGARA TALUK,

SHIMOGA DISTICT.

...PETITIONER

(BY SRI: RAVI H.K., ADVOCATE)

AND

1 .

STATE OF KARNATAKA

REPRESENTED BY ITS SECRETARY

DEPARTMENT OF REVENUE,

VIKASA SAOUDHA,

DR B.R. AMBEDKAR ROAD,

BANGALORE-560001.

2 .

THE INSPECTOR GENERAL OF REGISTRATION

AND COMMISISOSNER OF STAMPS,

CAUVERY BHAVAN,

BWSSB BUILDING, 7^TH FLOOR

K.G.ROAD,

BANGALORE-560009.

3.

THE DISTRICT REGISTRAR,

OFFICE OF REGISTRATION AND STAMPS

2

SHIMOGA DISTRICT,

SHIMOGA-577201

...RESPONDENTS

(BY SMT: RASHMI PATEL, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226

AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO

QUASH THE ORDER DATED 20.05.2020 ANNEXURE-A PASSED

BY THE R-3, KEEPING THE RENEWAL OF DEED WRITER

LICENCE NO.26/2006-07 IN ABEYANCE AND DIRECT THE R-3

TO RENEW THE DEED WRITER LICENSE NO.26/2006-07

REPRESENTATION SUBMITTED BY THE PETITIONER DATED

04.05.2020 ANNEXURE-M FOR THE YEAR 2020-21, ETC.

THIS WRIT PETITION COMING ON FOR ‘PRELIMINARY

HEARING’, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

Heard the learned counsel for the petitioner and the

learned Government Pleader.

2.

Petitioner is before this Court being aggrieved

by the impugned proceedings of the 3^rd respondent

whereby, the 3^rd respondent has been pleased to order

keeping in abeyance of the petitioner’s application for

renewal of the Deed Writers licence on the premise that

proceedings are pending before a Court of law and that

the same would be considered after disposal of the

pending proceedings namely O.S. No.37/2012.

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3.

It is the case of the petitioner that the

petitioner

is

a

licenced

Deed

Writer

and

that

inadvertently, the petitioner had failed to have his licence

renewed, but thereafter had sought for renewal of his

licence No.26/2006-07 for the year 2020-2021. That in

the interregnum, the 3^rd respondent on the basis of a

complaint from one of the parties in O.S. No.37/2012,

has been pleased to keep in abeyance the petitioner’s

application for renewal of licence on the ground that he

had drafted about 350 deeds after the expiry of his

licence and that the lapse of such licence has been

admitted by the petitioner before the jurisdictional Court

i.e. in O.S. No.37/2012 and in that view of the matter as

the issue with regard to the authenticity and validity of

the document was before the Court, the authority

deemed it fit to postpone the consideration of the licence.

4.

It is pertinent to note that the Complainant is

none other than the plaintiff in O.S. No.37/2012.

Learned counsel for the petitioner would submit that the

said suit came to be dismissed with cost by the judgment

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dated 30.10.2019 and that thereafter, the petitioner

apprises the licensing authority about the said fact. That

despite the petitioner apprising the licensing authority

about the said fact, the licensing authority has deemed it

fit to reject the same on a stale ground that the matter is

required to be taken-up for consideration after disposal

of the said suit.

5.

This

Court

has

perused

the

Karnataka

Registration (Deed Writers’ Licence) Rules, 1979 (for

short “the Rules”). Rule-4 details the disqualification

which disentitles a person to be granted or to hold a

Deed Writers’ Licence and it reads thus:-

“4. Disqualification-(1) A licence shall not be

granted to a person-

a) If he is a minor;

b) If he has been declared by a Competent Court to

be of unsound mind;

c) If he is an undischarged in