Dismissed¶¶47

Sri. Balakrishna G v. the Sub Registrar

Karnataka HC24 Nov 2025WP/29495/2025

Case brief

AI extract

What is this about?

Infructuous dismissal on withdrawal memo; writ of mandamus under Articles 226 and 227 of the Constitution of India; Section 89(4) of the Registration Act, 1908; filing of Sale Certificate in Book 1; insistence on stamp duty by Sub Registrar; Sub Registrar and District Registrar, Chikkamagaluru; District Registrar order dated 25.07.2025 (Annexure A); Sale Certificate dated 19.06.2025 (Annexure B); Document No. CKM-I Part-III(a)-000012025-26 dated 21.11.2025; memo for withdrawal; no costs; High Court of Karnataka at Bengaluru; single judge Suraj Govindaraj; neutral citation NC: 2025:KHC:48541.

What the court decided

AI extract

Sri. Balakrishna G Vs the Sub Registrar — Writ and Judicial Review | Karnataka HC (2025)

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1 - NC: 2025:KHC:48541 WP No. 29495 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF NOVEMBER, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 29495 OF 2025 (GM-ST/RN)

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BETWEEN:

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SRI. BALAKRISHNA G

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AGED ABOUT 34 YEARS, SON OF SRI LATE GOVINDASWAMY NAIDU KANDRA, RESIDING AT NO. 174, 6TH CROSS, 6TH BLOCK, BSK 3RD STAGE, BENGALURU - 560 085.

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SMT ASHWINI U, WIFE OF BALAKRISHNA. G,

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AGE-32 YEARS,

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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RESIDING AT NO. 51, LE RESIDENCY, 1ST C MAIN, KATHRIGUPPE ROAD, VIVEKANANDANAGARA, HOSAKEREHALLI, BENGALURU - 560 085.

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SRI. SUBRAMANYAM B K SON OF LATE B. KEMPARAMAIAH, AGE-34 YEARS, RESIDING AT NO. 9/82, 1ST MAIN ROAD, NEAR THYAGARAJ CO-OPERATIVE BANK, KAVERI NAGAR, HOSAKEREHALLI, BENGALURU - 560 085.

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SRI. RAKSHITH H.N, S/O HEMMANNA N T AGE 34 YEARS,

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2 - NC: 2025:KHC:48541 WP No. 29495 of 2025

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HC-KAR

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RESIDING AT C-3/248, 3RD MAIN ROAD, 2ND STAGE, 3RD PHASE, BDS LAYOUT, BANGALORE PUBLIC SCHOOL, DOMLUR LAYOUT, BENGALURU - 560 071.

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&PETITIONERS

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(BY SRI. OMKAR BASAVA PRABHU, ADVOCATE)

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AND:

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THE SUB REGISTRAR CHIKKAMAGALURU TALUK, CHIKKAMAGALURU DISTRICT, KARNATAKA - 577 101.

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THE DISTRICT REGISTRAR CHIKKAMAGALURU DISTRICT, KARNATAKA - 577 101.

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&RESPONDENTS

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(BY SRI. B. RAVINDRANATH, AGA FOR R1 AND R2)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 1 TO FORTHWITH AND WITHOUT ANY FURTHER DELAY OR INSISTENCE ON THE PAYMENT OF STAMP DUTY, ACCEPT FOR FILING AND MAKE NECESSARY ENTRIES IN BOOK 1 AND ALL OTHER OFFICIAL RECORDS, THE SALE CERTIFICATE DATED 19.06.2025 (ANNEXURE B) IN STRICT COMPLIANCE WITH THE ORDER OF THE DISTRICT REGISTRAR DATED 25.07.2025 (ANNEXURE A), WHICH IS ALSO A LEGALLY BINDING DIRECTIVE PRODUCED FOR THE KIND PERUSAL OF THIS HONOURABLE COURT, AND THE CLEAR MANDATE OF SECTION 89(4) OF THE REGISTRATION ACT, 1908, ETC.,

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NC: 2025:KHC:48541 WP No. 29495 of 2025

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HC-KAR

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

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ORAL ORDER

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Petitioners are before this Court seeking for the

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following reliefs:

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" A. Issue a writ of mandamus or any other appropriate writ, order, or direction, in the nature of mandamus, directing the Respondent No. 1 to forthwith and without any further delay or insistence on the payment of stamp duty, accept for filing and make necessary entries in Book 1 and all other official records, the Sale Certificate dated 19.06.2025 ('(NEXURE B) in strict compliance with the order of the District Registrar dated 25.07.2025 (ANNEXURE A), which is also a legally binding directive produced for the kind perusal of this Honourable Court, and the clear mandate of Section 89(4) of the Registration Act, 1908,

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B. Award exemplary costs of this petition to the petitioners from the Respondents for their illegal, arbitrary, and contumacious conduct, which has caused significant and unnecessary hardship and has compelled the petitioners to seek the extraordinary remedy of this Honourable Court.

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C. Pass such other and further orders as this Honourable Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity."

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NC: 2025:KHC:48541 WP No. 29495 of 2025

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HC-KAR

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2. Learned counsel for the petitioners has filed a memo,

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seeking permission of the Court to withdraw the writ

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petition. The said memo reads as follows:

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" The undersigned Advocate for the Petitioners respectfully submits that the above Writ Petition was filed seeking a writ of mandamus directing the respondent No.1 to file the Sale Certificate dated 19.05.2025 in Book-I under section 89(4) of the Registration ct, 1908. It is submitted that during the pending of this petition, the Respondent No.1 has complied wit the request and filed the said Sale Certificate as Document No.CKM-I Part-III(a)-000012025-26 dated 21.11.2025. In view of the same, the prayer sought in the Writ Petition stands satisfied and the petition has become infructuous; hence, it is prayed that this Hon'ble Court may be pleased to dismiss the Writ Petition as withdrawn, in the ends of justice and equity."

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Accepting the said memo and the submission of the learned counsel for the petitioners, the petition is

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dismissed as infructuous.

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SD/(SURAJ GOVINDARAJ) JUDGE

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BMV* List No.: 1 Sl No.: 102

Sri. Balakrishna G v. the Sub Registrar

Case brief

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Sri. Balakrishna G v. the Sub Registrar

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