State of Karnataka & Others vs A.N. Lingaiah

B.V. Nagarathna, J

The legality and correctness of the interim order dated 26.4.2019, passed by the learned Single Judge in Writ Petition No.15728/2019, is called in

question in this appeal.

The respondent/writ petition has sought the following reliefs in the writ petition. ""WHEREFORE, the petitioner most respectfully prays that this

Hon'ble Court be pleased to:

a) Direct the second respondent to consider the application of the petitioner dated 27.9.2008 and 12.3.2009 (Annexure-G & H) and to issue the

Survey Sketch of said 0-22 guntas of land in Sy.No.9 (re-numbered as Sy.No.33) of Sadamaranahalli Village, Mudalbale Hobli, Magadi Taluk to the

petitioner.

b) Direct the respondents 3 and 4 to decide the appeal filed by the petitioner dated 7.2.2018 and 15.2.2018 (Annexures-N & Q) within the stipulated

time and carry out the necessary rectifications to the Endorsement dated 27.3.1959 issued by the third respondent.

c) Direct the 5th respondent to accept the Survey Sketch of entire 3-00 acres of land in Sy.No.9 (re-numbered as Sy.No.33) of Sadamaranahalli

(Annexure-F) and to release the registered sale deed dated 16.4.2008.

d) Direct the second respondent to carryout the correction crept in the cause title of its report dated 3.3.1959 (Annexure-C) and mention the name

correctly as Manchaiah.

e) Issue any other writ, direction or order as deems fit under the facts and circumstances of the case.

The interim relief sought for by the respondent/writ petitioner is as under:

INTERIM PRAYER The petitioners most respectfully pray that this Hon'ble Court be pleased to restrain the 5th respondent from discarding the

registered Sale Deed dated 16.4.2008 in respect of 0-22 guntas of land in Sy.No.9 (re-numbered as Sy.No.33) of Sadamaranahalli Village, Mudubele

Hobli, Magadi Taluk, till the issuance of the survey sketch by the second respondent to the petitioner, in the interest of justice and equity.

Considering the interim relief sought by the respondent/writ petitioner, the impugned interim order dated 26.4.2019 was passed by the learned Single

Judge. A direction was issued to the Sub-Registrar, Magadi Taluk, Ramanagara District, to complete the formality of registration with reference to

registered sale deed dated 16.4.2008 executed in favour of the writ petitioner in respect of an extent of 22 guntas of land in Sy.No.9 or 9/6 (new

Sy.No.33) situated at Sadamaranahalli Village, Mudubele/Mudabal Hobli, Magadi Taluk, Tumakuru District, within one week from the date of receipt

of the said interim order.

Learned Single Judge also noted that the said interim order is subject to the outcome of the main writ petition.

We have heard learned Additional Government Advocate appearing for the appellants.

We note that the interim order pertains to registration of the sale deed dated 16.4.2008. The grievance of the respondent/writ petitioner is that the

sale deed has not been released yet by the Sub-Registrar, Magadi Taluk, Ramanagara District. Hence, the interim order in that regard was sought and

granted by the learned Single Judge.

Learned Single Judge has also clarified that the said interim order is subject to the result of the main writ petition. The petitioner has sought the

aforementioned reliefs. In the circumstances, we find that the interest of the respondent/writ petitioner as well as the appellants herein have been

protected by observing that the direction issued to the Sub-Registrar, Magadi Taluk, Ramanagar District to complete the formality of registration of the

sale deed dated 16.4.2008, executed in favour of the petitioner in respect of the aforesaid extent of land, is subject to the final result of the writ

petition.

That apart we also note that the learned Additional Government Advocate appearing in the writ petition in the presence of the Assistant Director of

Land Records, Magadi, and in consultation with the said officer had submitted that, there was no objection for the interim order being granted for

release of the sale deed dated 16.4.2008, executed in favour of the writ petitioner after completing the formalities.

In the circumstances, we do not find any reason why this appeal has been filed by the State and other authorities. Hence, the appeal is dismissed.