Partly allowed

Rayeesa Banu W/O. Mohiyoddin Patel v. the Sub Registrar

Karnataka HC9 Feb 2024WP/100122/2024

Case brief

AI extract

What is this about?

Petitioners sought registration of a sale deed refused for want of an 11E/revenue sketch after Phodi renumbered survey parcels. The Court quashed the Assistant Director of Land Records' endorsement and directed him to complete the survey, Podi durasti and issue the sketch within 30 days.

What did the court decide?

Endorsement dated 06.08.2021 quashed; respondent No.2 directed to carry out survey, Podi durasti and issue 11E sketch within 30 days; Sub Registrar to register on that sketch.

Rayeesa Banu W/O. Mohiyoddin Patel Vs the Sub Registrar — Land Acquisition | Karnataka HC (2024)

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- 1 - NC: 2024:KHC-D:2995 WP No. 100122 of 2024

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IN THE HIGH COURT OF KARNATAKA,

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DHARWAD BENCH

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DATED THIS THE 9^TH DAY OF FEBRUARY, 2024

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 100122 OF 2024 (GM-ST/RN)

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BETWEEN:

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RAYEESA BANU W/O. MOHIYODDIN PATEL AGED ABOUT 40 YEARS, OCC. HOME MAKER, RESIDING AT NO.445, ANSAR GALLI, PEERANWADI, BELAGAVI, R/BY HER GPA HOLDER PRAKASH S/O. VISHWANATH RANE

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YASHAVANT NARAYANKAR

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Digitally signed by YASHAVANT NARAYANKAR Date: 2024.02.22 11:55:41 +0530

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SMT. SHOBHA W/O. DIGAMBAR GANDHALE AGED ABOUT 60 YEARS, OCC. HOUSEMAKER, NO.193, INDIRA COLONY, RAMANAGARA JOIDA TALUK, UTTARA KANNADA

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(BY SRI. NANDISH PATIL SRI. RAMACHANDRA V BHAT.,ADVOCATES)

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…PETITIONERS

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AND:

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THE SUB REGISTRAR HALIYAL TALUK, UTTARA KANNADA

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ASSISTANT DIRECTOR OF LAND RECORDS JOYIDA, TQ: JOYIDA, DIST: UTTAR KANNADA …RESPONDENTS

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(BY SRI.PRAVEEN UPPAR., AGA)

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2 - NC: 2024:KHC-D:2995 WP No. 100122 of 2024

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT TO REGISTER THE SALE DEED OF THE PETITIONER VIDE ANNEXURE-G, WITHOUT INSISTING FOR THE REVENUE SKETCH/11E SKETCH AND HAND OVER THE REGISTERED SALE DEEDS TO THE PETITIONERS IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The petitioners are before this Court seeking for the following reliefs:

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a. Issue a writ in the nature of mandamus directing the Respondent to register the sale deed of the petitioner vide Annexure-G, without insisting for the revenue sketch/11E sketch and hand over the registered sale deed to the petitioners in the interest of justice and equity.

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(aa). Issue writ in the nature of certiorari quashing the impugned endorsement issued by the 2^nd respondent vide Annexure-L bearing No. Bhu.Ma./Etare/Vi Va/02/2021-21 dated 06.08.2021 in the interest of justice and equity.

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b. Issue such other suitable order/s or directions as this Hon’ble Court deems fit and proper in the nature and circumstances of the case.

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The grievance of the petitioner is that, the sale deed submitted by the petitioner for registration was not accepted on account of 11E sketch not having been furnished. Hence, the petitioner made a representation for furnishing the same to the

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3 - NC: 2024:KHC-D:2995 WP No. 100122 of 2024

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respondents. The same not having been considered, the petitioner is before this Court seeking for the aforesaid reliefs.

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Learned AGA submits that the said representation could not be considered since survey numbers are not matching inasmuch as initial grant was made in Survey No.167 but the RTC indicates it to be Survey No.244. In this regard, learned counsel for petitioner submits that upon Phodi, a new Survey No.244 has been allotted to the portion of land in Survey No.167. If that be so, it was for respondent No.2 to carry out necessary survey and issue a survey sketch to enable the petitioner to obtain registration of the sale deed. In that view of the matter, I pass the following;

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ORDER

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i. The writ petition is partly allowed.

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ii. A certiorari issued, endorsement issued by

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respondent No.2 bearing No.Bhu.Ma./Etare/

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4 - NC: 2024:KHC-D:2995 WP No. 100122 of 2024

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Vi Va/02/2021-21 dated 06.08.2021 at Annexure-L is hereby quashed.

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iii. The respondent No.2 is directed to carry out the survey, Podi durasti proceeding and thereafter issue survey sketch in respect of property of the petitioner within a period of 30 days from the date of receipt of copy of this order.

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iv. Needless to say, respondent No.1 would have to act on 11E sketch issued by respondent No.2.

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Sd/JUDGE

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SR List No.: 1 Sl No.: 34

Rayeesa Banu W/O. Mohiyoddin Patel v. the Sub Registrar

Case brief

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What did the court decide?

Rayeesa Banu W/O. Mohiyoddin Patel v. the Sub Registrar

Case brief

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