MR INESIO ALMEIDA COUNTINHO S/O JOSE PEDRO COUTINHO vs THE SUB REGISTRAR JOIDA

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HC-KAR
NC: 2026:KHC-D:16188
WP No. 100594 of 2026


CNR: KAHC020005662026


IN THE HIGH COURT OF KARNATAKA AT DHARWAD


TH
DATED THIS THE 29 DAY OF SEPTEMBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE M.G.S. KAMAL

WRIT PETITION NO. 100594 OF 2026 (GM-RES)


BETWEEN:

MR. INESIO ALMEIDA COUNTINHO
S/O. JOSE PEDRO COUTINHO,
AGED ABOUT 77 YEARS,
7 DONUM DEI BEHIND HOTE COLVA PLAZA,
PER - SERAULIM – SALCETE,
GOA – 403 708.
…PETITIONER
(BY SRI. NANDISH PATIL, ADVOCATE)

AND:

THE SUB REGISTRAR, JOIDA,
JOIDA TALUK, KARWAD,
UTTARA KANNADA DIST – 581 186.
…RESPONDENT
(BY SRI. PRASHANT V. MOGALI, HCGP)


THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE
NATURE OF MANDAMUS, DIRECTING THE RESPONDENT TO
FORTHWITH REGISTER THE SALE DEED PERTAINING TO THE
SCHEDULE PROPERTIES BEARING NO.123/6+2A, 123/1+2B,
123/3+4, 123/5+8+10,123/7+9 VIDE ANNEXURE-L UPON
PRESENTATION BY THE PETITIONER, EITHER THROUGH ONLINE
MODE VIA KAVERI SOFTWARE OR PHYSICALLY, IN THE INTEREST OF
JUSTICE AND EQUITY AND ETC.

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


CORAM: HON'BLE MR. JUSTICE M.G.S. KAMAL











Digitally signed by
SAROJA
HANGARAKI
Location: HIGH
COURT OF
KARNATAKA
DHARWAD
BENCH
Date: 2026.10.12
16:20:40 +0530

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HC-KAR
NC: 2026:KHC-D:16188
WP No. 100594 of 2026


CNR: KAHC020005662026

ORAL ORDER

1. The petitioner is before this Court seeking the following
reliefs:
A. Issue a writ in the nature of mandamus,
directing the respondent to forthwith register the
sale deed pertaining to the schedule properties
bearing no.123/6+2A, 123/1+2b, 123/3+4,
123/5+8+10, 123/7+9 vide Annexure-L upon
presentation by the petitioner, either through
online mode via kaveri software or physically, in
the interest of justice and equity.


B. Grant such other and further reliefs as this
Hon’ble Court deems fit and proper in the facts
and circumstances of the case, including costs of
this petition, in the interest of justice and equity .


2. It is the case of the petitioner that he is the owner in
possession of the five items of properties described at
paragraph 1 of the writ petition, having acquired the same
under the deeds of sale produced at Annexures-A, A1, A2
and A3. The petitioner has also obtained change of land
use under the provisions of the Karnataka Land Revenue
Act. That 11-E sketch had also been prepared and
produced before the Tahasildar. That the petitioner had
approached Assistant Director of Land Records of the
concerned Taluk for conducting necessary Phodi by
submitting a representation dated 15.01.2025, which was

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WP No. 100594 of 2026


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rejected by endorsement dated 04.03.2025. Being
aggrieved, the petitioner preferred the writ petition of
W.P.No.102220/2025, which was partly allowed on
21.08.2025, directing the Authorities to conduct Phodi and
Durasti of the entire Sy.No.123 new Sy.No.109 of Akrali
Village, Ramanagara Grama Panchayath, Joida Taluk in
accordance with law.

3. The petitioner, being desirous of alienating the aforesaid
land, had approached the respondent-Registrar along with
the draft deed of sale and had uploaded the same, along
with necessary documents, on the Kaveri software portal,
which did not accept uploading of the documents. The
petitioner thereafter requested the respondent to accept
the document for physical registration of the deed of sale
which was orally rejected without issuing any
endorsement. That the Jurisdictional Tahasildar has
prepared 11-E sketch in respect of the subject properties,
which has not been uploaded to the digital database by the
respondent-Authorities. It is for this reason, the Kaveri
online portal is unable to procure the necessary details and
data and has resulted in technical blocking of registration

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process, which has constrained the petitioner to approach
this Court by seeking the relief as noted above.

4. Counsel for the petitioner submits that, by the earlier order
dated 21.08.2025 passed by the Co-ordinate Bench of this
Court in Writ Petition No.102220/2025 had indeed directed
the directed the Revenue Authorities to conduct Phodi and
Durasti of the entire Sy.No.123 new No.109, of which the
properties purchased by the petitioner form part. He also
submits that, in view of non-compliance with the said
direction, the petitioner has also initiated contempt
proceedings. However, he submits that the said process
would take time, inasmuch as the direction issued was in
respect of entire extent of Sy.No.123, new Sy.No.109, and
the same would further cause delay and impediment the
process of registration of the sale deed in favour of the
petitioner.

5. He submits that since the petitioner is alienating the entire
extent of the lands purchased by him, there is no
requirement of furnishing the 11-E sketch. Therefore, he
submits that the respondent-Registrar may be directed to

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accept the sale deed for registration without insisting upon
production of the 11-E sketch.

6. Learned HCGP, drawing attention of this Court to
Annexure-F, which is a purported 11-E sketch submits that
there are defects in description of the name of the
purchaser as well as the survey numbers. The petitioner,
without furnishing the requisite 11-E sketch, which is an
indispensable document for registration of landed
properties, cannot seek exemption from production of the
same.

7. He further submits that preparation of the 11-E sketch is
the responsibility of the Revenue Department and that the
respondent herein, being an authority of the Registration
Department, has no say in the matter.

8. Since the registration process has now been digitized,
there is no scope for accepting the document physically.
Admittedly, properties of the petitioner form part of larger
extent of land and unless and until Durasti and Hadabast
are carried out and the property sought to be subdivided
by the petitioner is identified through the requisite survey
records, registration cannot be proceeded with. Once Phodi

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is completed, the said details would be uploaded. As the
same has not yet been done, the registration cannot be
proceeded with.

9. That the properties described in the petition as Schedule-1
to 5 include agricultural land, non-agricultural land, as well
as National Highway area, which require specific
description in the revenue records. In the absence of
production of the said document, petitioner cannot find
fault with the respondents in not registering the document.

10. Heard. Perused the records.

11. There is no dispute with regard to the fact that, on an
earlier occasion, the petitioner, being aggrieved by the
rejection of his application for conducting Phodi and
Durasti of the lands claimed by him, had approached this
Court and this Court in Writ Petition No.102220/2025 by
order dated 21.08.2025 had passed the following order:
“ORDER

i. Writ petition is partly allowed.

ii. A certiorari is issued. Annexures-H and J are quashed.

iii. Petitioner is permitted to file an online application
accompanied by all the necessary documents, which
shall be considered by the respondents.

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iv. A Phodi and Durasthi of the entire Survey No.123 now
stated to be New Survey No.109 situate at Akrali Village,
Ramnagar Gram Panchayat, Joida Taluka to be
conducted by issuing necessary notices to all the
stakeholders in the said Survey No.109 as well as
publishing a notice at a prominent place in the locality.
V. The Phodi and Durasthi are to be completed within a
period of 6 months from the date of receipt of a copy of
this order.”

12. Admittedly, the said order has not been given effective till
date.

13. Objection statement filed by the respondent, at paragraph
20, reads as follows:
“20. It is respectfully submitted that, schedule properties 1
to 5 in this case involve agricultural land, non-agricultural land,
and national highway areas, which haven't been separated yet.
For agricultural land registration, revenue department records
(only agricultural land), mutation, Aadhaar/PAN card, and survey
department map are required. For non-agricultural land under
Gram Panchayat, Form Form 11A (Rule 30(1)) from Rural
Development and Panchayat Raj department and Aadhaar/PAN
card are needed. Kaveri 2.0 software requires online submission
of documents with correct property records. If citizens applies
through Kaveri Software and documents are correct the Sub-
Registrar send for payments, after correct Government Payments
concerned parties will get their schedules and then they need to
go to concerned Sub-Registrar office to get their documents
registered. If documents are incorrect, registration isn't allowed.
The petitioner should correct their agricultural and non-
agricultural land records and submit through Kaveri 2.0.
Registration is only possible with proper documents. The
respondent isn't responsible for correcting documents; it's up to
the petitioner to fix them with concerned departments. The
respondent can't register documents without proper records. No
physical registration is allowed at Sub-Registrar's office without
Kaveri 2.0. The petitioner's case lacks merit as their documents
are incomplete.”

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14. Thus, admittedly, the five items of landed properties
claimed by the petitioner have different measurements,
nature and character. Without complying with the
requirement of Phodi and Durasti for the purpose of proper
identification and assessment of the lands under the
provisions of the Karnataka Land Revenue Act, one of the
essential documents being the production of the 11-E
sketch, the petitioner cannot, as a matter of right, insist
upon registration of the document by seeking exemption
from such compliance.

15. Except for the assertion made by the petitioner, no
provision of law is brought to the notice of this Court
enabling exemption from production of the 11-E sketch.
The 11-E sketch sought to be produced by the petitioner,
as found at Annexure-F, pertains to Sy.No.15/1, whereas
the lands claimed by the petitioner are comprised in
Sy.No.123 with its sub-numbers.

16. No doubt, the Revenue Authorities are required to upload
the data relating to the revenue entries, nature and
character of the lands. However, in the instant case,
despite there being a specific order obtained by the

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petitioner for conducting Phodi and Durasti, as noted
above, the same has not been given effect to. It is under
these circumstances, the respondent-Registrar cannot be
found fault with for not accepting the document for
registration, as the essential particulars regarding the
nature and identity of the properties have not been
furnished.

17. In that view of the matter, this Court is not persuaded to
issue the direction as sought for by the petitioner.

18. It is open for the petitioner to ensure that the earlier
direction issued by this Court in Writ Petition
No.102220/2025, as noted above, is implemented and
thereafter seek registration of the document in accordance
with law.

disposed of
19. Accordingly, the writ petition is .

Sd/-
(M.G.S. KAMAL)
JUDGE
RHR/CT: ASC
List No.: 1 Sl No.: 1