Karnataka High Court

WA/248/2026 of THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS Vs M ARUMUGAM on 11 August 2026

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CNR: KAHC010061662026 NC: 2026:KHC:42374-DB WA No. 248 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT APPEAL NO. 248 OF 2026 (GM-ST/RN) BETWEEN:

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF AUGUST, 2026

PRESENT

THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

AND

THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA

WRIT APPEAL NO. 248 OF 2026 (GM-ST/RN)

BETWEEN:

1.

THE INSPECTOR GENERAL OF

REGISTRATION AND

COMMISSIONER OF STAMPS

KANDHAYA BHAVAN

8TH FLOOR, K.G. ROAD

BENGALURU - 560 001

2.

THE DISTRICT REGISTRAR

DEPARTMENT OF

REGISTRATION AND STAMPS

NO.12, 1ST FLOOR

1ST MAIN ROAD, JAYANAGARA

4TH BLOCK EAST

BENGALURU - 560 011

3.

THE SUB-REGISTRAR

BEGUR ROAD

Digitally

signed by K

P SWETHA

Location:

High Court

of Karnataka

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JOSEPH LAYOUT

DEVARACHIKKANA HALLI

BENGALURU - 560 068

…APPELLANTS

(BY SRI K.S. HARISH, GOVERNMENT ADVOCATE)

AND:

1.

M. ARUMUGAM

S/O MURUGA PILLAI

AGED ABOUT 64 YEARS

R/AT NO.106/A, 3RD CROSS

1ST MAIN ROAD

PRAKASHANAGAR

BENGALURU - 560 021

…RESPONDENT

(BY SRI RAHUL S. REDDY., ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE

KARNATAKA HIGH COURT ACT PRAYING TO ALLOW THIS

WRIT APPEAL AND SET ASIDE THE ORDER DATED 19/06/2025

PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE

COURT IN WRIT PETITION NO.1170/2025 & ETC.

THIS

APPEAL,

COMING

ON

FOR

PRELIMINARY

HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN

AS UNDER:

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CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE

and

HON'BLE MRS. JUSTICE K.S. HEMALEKHA

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ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. For the reasons stated in the affidavit accompanying the application, I.A.1/2026, the same is allowed and the delay in filing the appeal is condoned.

2. The appellants have filed the present appeal impugning an order dated 19.06.2025, passed in W.P.No.1170/2025 (GM- ST/RN), whereby appellant No.3 herein was directed to consider the representation dated 27.11.2023 and register the documents in compliance with the order dated 07.11.2023 passed by a learned Single Judge of this Court in W.P.No.17025/2023. The court further directed that the entire exercise be completed within a period of two months from date of the order. The Registering Authority was directed not to insist upon 11-E sketch (survey sketch) insofar as the registration of sale deeds is concerned in respect of the subject land.

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3. The appellants were insisting upon the furnishing of such sketch for registering the sale deeds in terms of a Circular dated 06.04.2009 issued by the Government, which Circular had been set aside by this Court by an order dated 18.03.2016 in W.P.No.18939/2009 and other connected matters.

4. It is relevant to note that the order dated 07.11.2023 passed in W.P.No.17025/2023, compliance whereof was directed by the impugned order, was the subject matter of appeal in W.A.No.1063/2025 (KLR-RR/SUR). The said appeal was disposed of by a Co-ordinate Bench of this Court by an order dated 26.11.2025, whereby the order dated 07.11.2023 was set aside and directions in terms as set out hereinbefore were issued.

5. The learned Additional Government Advocate submits that some of the orders striking down the said requirement of furnishing the 11-E sketch were carried in appeal and the petitions for Special Leave to Appeal (SLP) are pending before the Supreme Court. He states that notices have been issued, but the SLPs have not been disposed of by the Supreme Court. He has also handed over an order dated 11.07.2016 in SLP (C) Nos. 15837-15838/2016,

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whereby the judgments passed by this Court to the aforesaid effect were stayed.

6. He submits that notwithstanding the stay of the decision of this Court, the learned Single Judge had directed that the registrations be effected without insisting upon the 11-E sketch, in terms of the orders passed by this Court.

7. The learned Additional Government Advocate points out that in one such matter in W.A.No.1087/2025 [GM-RES], this Court by an order dated 21.08.2025 [NC: 2025: KHC: 32669-DB] disposed of the appeal with the following observations: "We also consider it apposite to clarify that in the event the appellants do not furnish the 11E sketch and stand by their contention that the same is not necessary, the respondents would abide by the decision of the Supreme Court in regard to the sale deeds, which are subject matter of the writ petition, as well. This observation would obviously be relevant if the appellants do not furnish the 11E sketch as directed. In the event the appellants furnish the 11E sketches as required, the respondents shall abide by the directions of the learned Single Judge, as set out in the impugned order."

8. The learned counsel appearing for the respondent submits that the present appeal may also be disposed of in the aforesaid terms.

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9. In view of the above, the impugned order is set aside. It is further directed that in the event the respondent furnishes the 11-E sketch, the concerned authority shall register the documents as required and release the documents after registration. However, in the event the respondent does not furnish the 11-E sketch and pursues his contention that the same is not necessary, the parties shall await and abide by the decision of the Supreme Court with regard to the said the issue.

10. The appeal is disposed of in the aforesaid terms.

11. Pending interlocutory application stands disposed of.

Sd/- (VIBHU BAKHRU) CHIEF JUSTICE

Sd/- (K.S. HEMALEKHA) JUDGE

KPS, List No.: 1 Sl No.: 11

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