Shashi Kumar M. B. v. the Chief Secretary to the Government

Karnataka HC8 Jun 2021WP/9706/2021

Case brief

AI extract

What is this about?

In this writ petition filed under Articles 226 and 227 of the Constitution, the petitioner sought a mandamus to facilitate COVID-19 infected patients in registering Wills. The Hon'ble Court held that modifying the Registration Act, 1908 requires legislative amendment. Prayers (a) and (b) were rendered obsolete by a later government order. The petition was disposed without granting the relief praye

What did the court decide?

The petitioner was informed that no relief could be granted in the form of prayer (c) as it would require amendment of the Registration Act, 1908, and prayers (a) and (b) were struck out in light of a

Shashi Kumar M. B. Vs the Chief Secretary to the… — Service and Employment | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 8^TH DAY OF JUNE, 2021

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PRESENT

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THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO.9706 OF 2021 (GM ST/RN-PIL)

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BETWEEN:

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SHASHI KUMAR M.B., SON OF B.G.THILAK, AGED ABOUT 54 YEARS, BUSSINESSING AT DIVYA DEEPA ARCADE, 1^ST FLOOR, KANKANADY, MANGALURU, DAKSHINA KANNADA DISTRICT -575 002.

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... PETITIONER

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(BY SRI. VINAYAK KAMATH K, ADVOCATE)

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AND:

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THE CHIEF SECRETARY TO THE GOVERNMENT, THE KARNATAKA STATE GOVERNMENT, VIDHANA SOUDHA, BENGALURU.

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THE PRINCIPAL SECRETARY, GOVT OF KARNATAKA REVENUE DEPARTMENT, ROOM No.506, 5^TH FLOOR, GATE No.3, M.S.BUILDING, BENGALURU – 1.

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THE INSPECTOR GENERAL OF REGISTRATION, AND COMMISSIONER OF STAMPS, KANDAAYA BHAVAN, 8^TH FLOOR, K G ROAD, BENGALURU – 560 001.

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... RESPONDENTS

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(BY SRI. VIJAYA KUMAR A PATIL , ADVOCATE )

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-1 TO 3 TO WITHDRAW THE MEMO DATED 10.05.2021 AND ALL THAT REFERENCE ORDERS IN CONNECTION TO OR UNDER OR THROUGH IT AND ETC.,

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THIS WRIT PETITION COMING ON FOR ORDERS THROUGH VIDEO CONFERENCING THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:

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ORDER

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The learned counsel appearing for the petitioner states that in view of Addendum-10 dated 6^th June, 2021, by which orders dated 7^th May, 2021, 21^st May, 2021 and 3^rd June, 2021 have been modified, the prayers (a) & (b) will not survive.

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Prayer (c) reads thus:

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“(c) Issue Writ of Mandamus to Respondent No.1 to 3 specifically to facilitate the general public specially to COVID-19 infected patients in registering their testamentary instruments under law adopting all precautionary measures to prevent spread of COVID-19 pandemic”.

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When we made a repeated query to the learned

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counsel appearing for the petitioner in what manner we can help COVID-19 infected patients for registering Wills executed by them, the learned counsel appearing for the petitioner is unable to answer the said question.

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Section 31 of the Indian Registration Act, 1908 (for short ‘the said Act of 1908’) is an exception to Section 32. It is mandatory under section 32 of the said Act of 1908 that when a document is required to be registered it shall be lodged by the person executing it. Section 31 is an exception which provides that the officer authorized to accept documents for registration on a special cause being shown can attend the residence of the executant for accepting the document. A COVID-19 patient in home isolation cannot be allowed to meet any one.

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If relief in terms of prayer (c) is to be granted, the provisions of Indian Registration Act, 1908 will require amendment. Therefore, the petitioner will have to make a representation to the Legislature in that behalf. Hence no relief can be granted in terms of prayer (c). As stated earlier, prayers (a) and (b) do not survive in view of the subsequent order of the State Government dated 6^th June, 2021. Hence the petition is disposed of.

Sd/-

CHIEF JUSTICE

Sd/JUDGE

Snb/

Shashi Kumar M. B. v. the Chief Secretary to the Government

Case brief

What is this about?

What did the court decide?

Shashi Kumar M. B. v. the Chief Secretary to the Government

Case brief

What is this about?

What did the court decide?

What the court decided

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