This order granted a writ petition where the court directed the Sub-Registrar to process registration of agricultural lands under a compromise decree without demanding an 11E Sketch, relying on a similar precedent granted two months prior.
Direction issued to the Sub-Registrar to process the matter without insisting on the production of 11E Sketch.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 14TH DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.16030 OF 2021(GM-ST/RN)
BETWEEN:
...PETITIONERS (BY SRI. MALLAPPA S NACHAVAR, ADVOCATE FOR SRI. B S NAGARAJ, ADVOCATE)
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AND:
… RESPONDENTS
(BY SRI. VINOD KUMAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 SUB REGISTRAR TO COMPLETE THE REGISTRATION AND RELEASE THE COURT DECREE PASSED IN O.S.NO.624/2018 ON THE FIEL OF LEARNED SENIOR CIVIL JUDGE DEVANAHALLI WHICH IS PENDING REGISTRATION ON THE FILE OF R-4 SUB REGISTRAR AS DOCUMENT NO.P-2566 AND P-2582 IN BOOK NO.1 OF THE YEAR 2019-20 VIDE FROM NO.15 COPIES AT ANNEXURE-A TO A2 RESPECTIVELY AND ALLOW THIS W.P. WITH COSTS.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
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ORDER
The subject matter of this writ petition is
substantially similar to the one in W.P.No.10158/2021 (KLR) between SHAKUNTHALA H.S. Vs. THE TAHSILDAR & ANOTHER, disposed off by this Court on 18.08.2021 wherein it was held that that for registration of the transactions concerning the agricultural lands, the production of 11E Sketch cannot be insisted upon where the property is fully described in the compromise decree itself; the operative portion of the said order reads as under:
“In the above circumstances, this Writ Petition is favoured; a direction issues to the respondent-Tahsildar to make entries in terms of Compromise Decree in question without insisting upon Form 11E Sketch, within a period of two months failing which the Tahsildar shall personally pay to the petitioner Rs.2,000/- per day if delay is brooked .”
W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed of on 11.12.1974, has held that the Court should treat the likecases alike and if relief is granted to a litigant it has to be
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extended to a similarly circumstanced litigant as well,
there being no derogatory circumstances.
In the above circumstances, this writ succeeds; the fourth respondent – Sub-Registrar is directed to process the matter without insisting on the production of 11E Sketch.
All contentions are kept open.
Now, No costs.
Sd/JUDGE
Bsv
1 issue framed by the court
Whether the Sub-Registrar is directed to process registration without insisting on the production of 11E Sketch for agricultural lands fully described in a compromise decree.
Colour shows how this judgement treated each authority
SHAKUNTHALA H.S. Vs. THE TAHSILDAR & ANOTHERRelied on¶28
W.P.No.10158/2021 (KLR)
A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARYRelied on¶31
W.A.Nos.932-933/1974
1 provisions across 1 enactments
SRI. H GOPALAPPA
SMT. SARASWATHAMMA
SRI. SUNIL
SRI. SHARATH BABU
SRI. K H BYRAPPA
THE STATE OF KARNATAKA
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
