Disposed¶68

K. Shrinath Hebbar v. State of Karnataka

Karnataka HC1 Apr 2025WP/8391/2019

Case brief

AI extract

What is this about?

Karnataka HC, 01.04.2025 (Suraj Govindaraj J): WP No. 8391/2019 c/w WP No. 8393/2019 (GM-ST/RN) disposed of as infructuous on petitioners' memo dated 01.04.2025; challenge under Article 226 to Notification No. RD 187 MUNOSA 2018 dated 25.10.2018, corrigenda dated 03.12.2018 and 28.12.2018, and endorsement dated 05.02.2019 concerning Property Registration Card/Cadastral Map requirement became academic; all contentions kept open; no merits ruling, no precedent cited, no amounts.

What did the court decide?

No relief on merits; both writ petitions disposed of as infructuous on the petitioners' memo dated 01.04.2025, with all contentions expressly kept open for agitation in appropriate proceedings. ¶68

K. Shrinath Hebbar Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

No relief on merits; both writ petitions disposed of as infructuous on the petitioners' memo dated 01.04.2025, with all contentions expressly kept open for agitation in appropriate proceedings.

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Issue for consideration

Whether Notification No. RD 187 MUNOSA 2018 dated 25.10.2018, its corrigenda dated 03.12.2018 and 28.12.2018, and the endorsement dated 05.02.2019 concerning the Property Registration Card/property record requirement for registration were liable to be quashed. +1 more

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Ratio / Principle

Accepting the memo dated 01.04.2025 and the submission of learned counsel for the petitioners, WP No. 8391/2019 is disposed of as infructuous, leaving all contentions open to be agitated in any other matter if the need so arises.

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Key takeaways

Accepting the memo dated 01.04.2025 and the submission of learned counsel for the petitioners, WP No. 8393/2019 is disposed of as infructuous, leaving all contentions open to be agitated in any other matter if the need so arises.ratio¶82

Detailed headnote1 paragraphs

Writ petitions under Article 226 (WP Nos. 8391 and 8393 of 2019, GM-ST/RN) challenged Notification No. RD 187 MUNOSA 2018 dated 25.10.2018 of the Revenue Department (Stamps & Registration), Karnataka, its corrigenda dated 03.12.2018 and 28.12.2018, and (in WP No. 8391/2019) an endorsement dated 05.02.2019 of the Senior Sub Registrar, Mangaluru City, relating to the requirement of a Property Registration Card/Property Record and Cadastral Map for property registration. By memos dated 01.04.2025 signed by petitioner No.1 on behalf of all petitioners, it was submitted that during pendency the Property Registration Card/Property Record and Cadastral Map had been issued, a sale deed (Annexure-E) registered, and submission of the card was no longer mandatory for registration, rendering the petitions academic. Accepting the memos, Suraj Govindaraj J disposed of both petitions as infructuous, expressly leaving all contentions open to be agitated in appropriate proceedings. No issue was adjudicated on merits and no precedent was cited.

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1 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 1^ST DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 8391 OF 2019 (GM-ST/RN) C/W WRIT PETITION NO. 8393 OF 2019 (GM-ST/RN)

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IN WP No. 8391/2019:

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BETWEEN:

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K. SHRINATH HEBBAR, S/O LATE K. SRINIVASA HEBBAR AGED ABOUT 54 YEARS, R/AT #15-18-986/2, SUNANDA, MARCARA HILL ROAD, BENDOOR, MANGALORE, DAKSHINA KANNADA, KARNATAKA-575 002.

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Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

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SRI. MOHAN AMIN S/O BABU POOJARY, AGED ABOUT 61 YEARS, R/AT GANESH GARDEN, OPP: CITY HOSPITAL, MANGALURU-575 002.

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(BY SRI. ANANDARAMA K., ADVOCATE)

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…PETITIONERS

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AND:

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STATE OF KARNATAKA DEPARTMENT OF REVENUE (STAMPS & REGISTRATION) MS BUILDING, BENGALURU-560 001. REPRESENTED BY UNDER SECRETARY TO GOVERNMENT

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2 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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DEPARTMENT OF SURVEY SETTLEMENT & LAND RECORDS, GOVERNMENT OF KARNATAKA, MS BUILDING, BENGALURU-560 001. REPRESENTED BY THE PRINCIPAL SECRETARY,

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THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-560 001. REPRESENTED BY PRINCIPAL SECRETARY

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THE DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, MANGALURU, D K DISTRICT-575 001.

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THE SENIOR SUB REGISTRAR, MANGALURU CITY, OFFICE OF THE SUB-REGISTRAR, MINI VIDHANA SOUDHA BUILDING, 1^ST FLOOR, MANGALURU, D. K. -575 001.

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…RESPONDENTS

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(BY SMT. NAVYA SHEKHAR, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS, QUASH NOTIFICATION DATED 25.10.2018 (ANNEXURE-A) PASSED BY THE REVENUE DEPARTMENT (STAMPS & REGISTRATION), R-1 HEREIN, AND THE SUBSEQUENT CORRIGENDUM DATED 03.12.2018 (ANNEXURE-B) AND CORRIGENDUM DATED 28.12.2018 (ANNEXURE-C) AND QUASH THE ENDORSEMENT DATED 05.02.2019 (ANNEXUER-D) ISSUED BY R-5 HEREIN.

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3 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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IN WP NO. 8393/2019:

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BETWEEN:

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M. GANESH RAO, S/O. LATE M. VENKAT RAO, AGED ABOUT 71 YEARS, R/AT NO.5-156/40, DATTA PARADISE, FLAT NO.306 KODIKAL CHURCH ROAD NEAR KODIKAL CHURCH, URWASTORE, ASHOKNAGAR, MANGALORE, DAKSHINA KANNADA, KARNATAKA-575 006.

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RAJAN MIJAR, S/O LATE KESHAVA MIJAR, AGED ABOUT 71 YEARS, R/AT NO.23-9-743, GANGA NIVAS, MANGALADEVI TEMPLE ROAD, NEAR KULALABHAVANA, MANGALORE, DAKSHINA KANNADA, KARNATAKA-575 001.

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SOMESHWARA JANARDHANA HOLLA, S/O. S. RAMAKRISHNA HOLLA, AGED ABOUT 53 YEARS R/AT 10-158, KOTTEKAR POST, SOMESHWARA VILLAGE, KOTEKAR, MANGALORE-575 022. KARNATAKA.

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KRISHNAPPA UCHIL, S/O UCHIL MANJAPPA, AGED ABOUT 62 YEARS, R/AT 15-4-205/18 702, DEEPA PARADISE, SCS HOSPITAL ROAD COLLECTORS GATE, BALMATTA, MANGALORE-575 002, KARNATAKA.

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4 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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GANESH A. BANGERA S/O LATE ANAND MAISTERY, AGED ABOUT 60 YEARS, R/AT NO.3-73/3 KOPPALA HOUSE, YEYYADI, KOPPALAKADU, PADAVU VILLAGE, MANGALORE, DAKSHINA KANNADA, KONCHADY, KARNATAKA-575 008.

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KAMALAKSHA BANGERA S/O LATE ANANDA MAISTRY, AGED ABOUT 45 YEARS, R/AT NO.2-157/26, SHREKA, GURU NAGARA, MARY HILL, NEAR NARAYANAGURU MANDIRA, MANGALORE, DAKSHINA KANNADA, KONCHADY, KARNATAKA-575 008.

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SMT. SUSHMA MANMOHAN MALLY W/O LATE K. MANMOHAN MALLY, AGED ABOUT 47 YEARS, R/AT NO.3-128/1(1) SUSHMA, KULOOR KAVOOR ROAD KAVUR, MANGALORE-575 015.

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SRI. SHYAM PRASAD S/O LATE K NARAYANA SHETTY, AGED ABOUT 49 YEARS, FLAT NO.401, DIVYA DEEPA ARCADE, BENDOREWELL, KANKANADY, MANGALORE-575 002.

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...PETITIONERS

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(BY SRI. ANANDARAMA K., ADVOCATE)

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AND:

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STATE OF KARNATAKA DEPARTMENT OF REVENUE, (STAMPS AND REGISTRATION), M.S.BUILDING,

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5 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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BENGALURU-560 001, REPRESENTED BY

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UNDER SECRETARY TO GOVERNMENT.

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DEPARTMENT OF SURVEY, SETTLEMENT AND LAND RECORDS, GOVERNMENT OF KARNATAKA, M.S.BUILDING, BENGALURU-560 001. REPRESENTED BY THE PRINCIPAL SECRETARY.

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THE URBAN DEVELOPMENT DEPARTMENT GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, BENGALURU-01 REPRESENTED BY PRINCIPAL SECRETARY

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THE DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY COMMISSIONER, MANGALORE, D.K DISTRICT-575 001.

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...RESPONDENTS

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(BY SMT. NAVYA SHEKHAR, AGA)

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THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS AND QUASH NOTIFICATION DATED 25.10.2018 VIDE ANNX-A PASSED BY THE REVENUE DEPARTMENT (STAMPS & REGISTRATION), R-1 HEREIN, AND THE SUBSEQUENT CORRIGENDUM DATED 03.12.2018 VIDE ANNX-B AND CORRIGENDUM DTD 28.12.2018 VIDE ANNX-C.

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THESE PETITIONS, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ

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6 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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ORAL ORDER

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WP No.8391/2019

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The petitioners are before this Court seeking following

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reliefs:

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a) Call for records;

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b) Issue a Writ of certiorari or any other writ or order quashing Notification No. RD 187 MUNOSA 2018 dated 25.10.2018 (Annexure A) passed by the Revenue Department (Stamps & Registration), Respondent No.1 herein, and the subsequent corrigendum No.RD187 MUNOSA 2015 dated 03.12.2018 (Annexure B) and Corrigendum No.RD187 MUNOSA 2015 dated 28.12.2018 (Annexure C), in the interest of justice.

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c) Issue a Writ of certiorari or any other writ or order quashing the Endorsement dated 05.02.2019 (Annexure D) issued by Respondent No.5 herein in the interest of justice.

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d) Grant costs of the proceedings.

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e) Grant such other and further relief(s) including the issuance of appropriate writ or orders as this Hon'ble Court deems fit in the facts and circumstances of the case.

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Memo dated 01.04.2025 has been filed and signed by petitioner No.1 on behalf of all the other petitioners and

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the counsel for the petitioners. It reads as under:

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" Petitioner No.1 most respectfully submit as under:

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1. It is submitted that during the pendency of the above Writ Petition, the Respondents have issued Property Registration Card/Property Record and Cadastral Map in respect of the subject property and the sale deed at Annexure E has also been registered.

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NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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2. In view of the above subsequent events, consideration of the issues involved in the above Writ Petition has become academic.

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Wherefore, the Petitioners pray that this Hon'ble Court be pleased to dispose off the above Writ Petition as having become academic, reserving liberty to urge all contentions in an appropriate proceedings and keeping all contentions open, in the interest of justice."

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Accepting the said memo and submission of learned counsel for the petitioners, the petition is disposed of as infructuous leaving all contentions to be agitated if the need so arises in any other matter.

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IN WP No.8393/2019

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The petitioners are before this Court seeking following reliefs:

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a) Call for records;

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b) Issue a Writ of certiorari or any other writ or order quashing Notification No. RD 187 MUNOSA 2018 dated 25.10.2018 (Annexure A) passed by the Revenue Department (Stamps & Registration), Respondent No.1 herein, and the subsequent corrigendum No.RD187 MUNOSA 2015 dated 03.12.2018 (Annexure B) and Corrigendum No.RD187 MUNOSA 2015 dated 28.12.2018 (Annexure C), in the interest of justice.

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c) Grant costs of the proceedings.

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d) Grant such other and further relief(s) including the issuance of appropriate writ or orders as this Hon'ble Court deems fit in the facts and circumstances of the case.

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8 - NC: 2025:KHC:13562 WP No. 8391 of 2019 C/W WP No. 8393 of 2019

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Memo dated 01.04.2025 has been filed and signed by petitioner No.1 on behalf of all the petitioners and the

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counsel for the petitioners. It reads as under:

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"Petitioner No.1 most respectfully submit as under:

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1. It is submitted that during the pendency of the above Writ Petition, the Petitioners have been issued with Property Registration Card/Property Record and Cadastral Map and submission of Property Registration card as such is not mandatory, at present, for registration..

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2. In view of the above subsequent events, consideration of the issues involved in the above Writ Petition has become academic.

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Wherefore, the Petitioners pray that this Hon'ble Court be pleased to dispose of the above Writ Petitions as having become academic, reserving liberty to urge all contentions in an appropriate proceedings and keeping all contentions open, in the interest of justice."

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Accepting the said memo and submission of learned counsel for the petitioners, the petition is disposed of as infructuous leaving all contentions to be agitated if the need so arises in any other matter.

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SD/(SURAJ GOVINDARAJ) JUDGE

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DS CT:TSM List No.: 1 Sl No.: 23

K. Shrinath Hebbar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

K. Shrinath Hebbar v. State of Karnataka

Case brief

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