The High Court dismissed the writ appeal challenging the Single Judge's order refusing to grant title in land records. The Court held that since sale entries were made under a registered sale deed and statutory proceedings were dropped due to the 2020 amendment, the appeal was devoid of merit.
Warning: Relief details not granted, dismissed in summary.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF OCTOBER, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE KRISHNA S DIXIT
WRIT APPEAL NO. 181 OF 2023 (LR)
BETWEEN:
Digitally signed by SHARADA VANI B
Location: HIGH COURT OF KARNATAKA
(BY SRI. H S SANTHOSH.,ADVOCATE)
…APPELLANTS
AND:
…RESPONDENTS
(BY SMT.NILOUFER AKBAR., AGA FOR R1 TO R4; SRI. MANJUNATH K., ADVOCATE FOR R5)
THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO ADMIT THIS WRIT APPEAL CALL FOR THE ENTIRE RECORDS FROM THE FILE OF THE LEARNED SINGLE JUDGE IN WP No-5564/2021(LR) PERUSE THE SAME, HEAR THE PARTIES AND BE PLEASED TO QUASH THE IMPUGNED ORDER DATED 30.05.2022 PASSED BY THE LEARNED SINGLE JUDGE OF THIS HONBLE COURT IN WP No5564/2021(LR) AND ALLOW THE WRIT PETITION AND B) GRANT SUCH OTHER RELIEF/S THAT THIS HONBLE COURT DEEMS FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING, THIS DAY, CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
This intra-court appeal seeks to lay a challenge to the learned Single Judge's order dated 30.05.2022 whereby their W.P.No.5564/2021 has been disposed off without granting the substantive relief as prayed for but reserving liberty to them to take up appropriate proceedings.
the sale of the subject property which otherwise would
have been hit by the said provisions, has been saved. Now that question also pales into insignificance since the restraint provisions have been virtually given up by the Karnataka Land Reforms (Second Amendment) Act, 2020.
In the above circumstances, this appeal being devoid of merits is liable to be and accordingly dismissed, costs having been made easy.
Nothing observed herein above shall cast its light or shadow on the proceedings that may be initiated by the appellants herein in terms of the liberty reserved by the learned Single Judge.
Sd/CHIEF JUSTICE
Sd/-
JUDGE
Snb/
List No.: 1 Sl No.: 17
2 issues framed by the court
Whether the High Court should quash the Single Judge's order dismissing the writ petition.
Whether entries in the land records on printed by registered sale deed establish title without restraint.
2 provisions across 2 enactments
Shahnawaz, W/o Late Bashu Sab
Samiulla, S/o Late Bashu Sab
State of Karnataka
Tahsildar Shimoga Taluk
Asst Commissioner Shimoga Sub Division
Deputy Commissioner Shimoga District
Prasanna B. Varale
Krishna S Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
