Writ petition filed for mandamus to compel Sub-Registrar to release a 'Release Disclaimer' deed. The Court held the relief is not maintainable as no registered sale deed exists in favor of the prior transferee, questioning the basis for the release, and dismissed the petition.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17023 OF 2016 (GM-RES)
BETWEEN:
SRI. MOHAMMED SALEEM
SINCE DECEASED BY HIS LR'S
D/O LATE MOHAMMED SALEEM R/AT: FRAZER TOWN, NO:144, M.M.ROAD, BENGALURU-05
Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA
…PETITIONERS
(BY SRI. NATARAJ G., ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. MAHANTESH SHETTAR, ADVOCATE FOR R1 & R2)
THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE THE ORIGINAL DOCUMENT RELEASE DISCLAIMER VIDE ANNEXURE-A IN FAVOUR OF THE PETITIONER AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ
ORAL ORDER
following reliefs:
“Wherefore, for the grounds urged and to be urged if any at the time of hearing, the petitioner herein most humbly pray that this Hon’ble Court be pleased to:
release a document titled ‘release disclaimer’ as produced at Annexure-A which was presented for registration.
registered sale deed in favour of Sri.Syed Hussain, the question of now a release being executed by legal heirs of Sri.Anthony Michael in favour of legal heirs of Sri.Abdul Bashith, the son-in-law of Sri.Syed Hussain, would not arise, more so, when 1058.72 sq.mtrs. of total extent of 2023 sq.mtrs. has been acquired by following a due process of law. The Release Deed not having been released by the Sub-Registrar on account of the above, I do not find any infirmity in the same. The reliefs sought for being not maintainable, the Writ Petition stands dismissed reserving liberty to the petitioners to approach the appropriate Court for appropriate reliefs.
SD/(SURAJ GOVINDARAJ) JUDGE
PNV/PRS
List No.: 1 Sl No.: 1
2 issues framed by the court
Whether the Sub-Registrar is liable for non-release of a Release Disclaimer deed regarding Suit Mutated Entry No. 162(06)/(T) K.G. Bidrahalli.
Whether the existence of an unregistered sale deed and Hiba deed creates an infirmity in the non-registration of the Release Deed.
1 provisions across 1 enactments
Mohammed Saleem (since deceased by his LR's)
Khurshid Begum (since deceased by her LR's)
Inspector General of Registration and Commissioner of Stamps
The Sub-Registrar Office
Suraj Govindaraj
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
