SRI. SURENDRA vs STATE OF KARNATAKA
- Court
- Karnataka High Court
- 1 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 27 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE C.M. POONACHA
WRIT PETITION NO. 357 OF 2026 (GM-ST/RN)
BETWEEN:
1. SRI. SURENDRA
S/O. LATE KEMPAIAH,
AGED ABOUT 49 YEARS,
NO. 54, JAYANAGAR 2ND STAGE,
1ST CROSS, BHAGAT SINGH ROAD,
HASSAN-570 002.
2. SRI. DARMAPAL. L
S/O. LATE L. LAKKAIAH,
AGED ABOUT 58 YEARS,
NO. 58, JAYANAGAR 2ND STAGE,
1ST CROSS, BHAGAT SINGH ROAD,
HASSAN-570 002.
3. SRI. K. CHIKKAIAH
S/O. LATE KADAIAH,
AGED ABOUT 70 YEARS,
NO. 66, JAYANAGAR 2ND STAGE,
1ST CROSS, BHAGAT SINGH ROAD,
HASSAN-570 002.
4. SRI. H. K. SHIVAKUMAR
S/O. KADRAPPA,
AGED ABOUT 66 YEARS,
NO. 2, JAYANAGAR 2ND STAGE,
1ST CROSS, BHAGAT SINGH ROAD,
HASSAN-570 002.
- 2 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
…PETITIONERS
(BY SRI. YASHWANT NETHAJI N T, ADVOCATE FOR
SRI. K V NARASIMHAN.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
MULTI-STOREY BUILDING,
BANGALORE-560 001.
2. THE SUB-REGISTRAR
HASSAN,
HASSAN-573 201.
…RESPONDENTS
(BY SRI. HARISHA A S, AGA)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT, QUASHING
IMPUGNED DOCUMENT SUMMARY REPORTS I.E.,
CANCELLATION RECORDED IN DOCUMENT NO. HSN-RULE-
17(3)-00009-2025-26 DTD 15.06.2025 AT ANNX-C,
DOCUMENT NO. HSN-RULE-17(3)-00002-2025-26 DTD
15.06.2025 AT ANNX-H, DOCUMENT NO. HSN-RULE-17(3)-
00006-2025-26 DTD 15.06.2025 AT ANNX-M AND DOCUMENT
NO. HSN-RULE-17(3)-00013-2025-26 DTD 15.06.2025 AT
ANNX-R ISSUED BY R-2.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE
THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE C.M. POONACHA
- 3 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
ORAL ORDER
The present writ petition is filed seeking for the following
reliefs:
"A. Issue a writ in the nature of certiorari or any other
appropriate writ or direction, quashing impugned
"Document Summary Reports", i.e., cancellation
recorded in Document No. HSN-Rule-17(3)-00009-2025-
26 dated 15.06.2025 at Annexure-C, Document No.
HSN-Rule- 17(3)-00002-2025-26 dated 15.06.2025 at
Annexure-H, Document No. HSN-Rule-17(3)-00006-
2025-26 dated 15.06.2025 at Annexure-M, and
Document No. HSN-Rule-17(3)-00013-2025-26 dated
15.06.2025 at Annexure-R issued by respondent no.2
B. Grant any other and further reliefs as this Hon'ble
Court deems fit in the circumstances of the case, in the
interest of justice and equity."
2. The petitioners being aggrieved by the Document
Summary Report dated 15.06.2025 (Annexures - C, H, M and R
to the writ petition) have filed the present writ petition.
3. The relevant factual matrix in nutshell is that
various persons were granted sites under the provisions of the
Karnataka Land Grant Rules, 1969, vide Official Memorandum
dated 20.09.1975 (Annexure -A to the writ petition). The said
grants were made pursuant to lands being disposed for
formation of Harijan Colony. The said grants were also subject
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 4 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
to certain conditions as enumerated in the Official
Memorandum dated 20.09.1975.
4. Pursuant to the land granted in favour of the
respective grantees, the said sites which were granted were
alienated by the allotees in favour of the petitioners. The said
alienations were made vide registered Gift Deed dated
20.05.2009 (Annexure - E to the writ petition), Sale Deed
dated 01.02.2006 (Annexure - J to the writ petition), Sale Deed
dated 30.03.2005 and Rectification Deed dated 27.10.2007
(Annexures - N and P to the writ petition). Under the said
documents, petitioner Nos.1 to 4 have acquired right title and
interest in respect of site Nos.54, 58, 66 and 2 respectively.
The impugned Document Summary Reports are in respect of
the documents registered in favour of petitioner Nos.1 to 4 in
respect of the said Site Nos.54, 58, 66 and 2.
5. It is the contention of the learned counsel for the
petitioner that without any authority under law, the right, title
and interest of the petitioners with respect to immovable
property is sought to be taken over by virtue of the impugned
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 5 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
Document Summary Reports whereunder it is stated that the
documents registered in their favour have been cancelled.
6. Learned AGA justifying the impugned Document
Summary Reports places reliance on Rule 17(iii) of the
1
Karnataka Registration Rules, 1965 . The said Rule 17(iii) reads
as under:-
"17. Supplement to Register Book No. 1 and File of
Copies and Translation."
XXXX
(iii) A separate file shall also be opened for filing
copies and translations presented under Sections
19 and 62 of the Act or under Rule 12(1). The
copies and translations placed in this file shall be
connected by a cross reference with the entry in the
register."
7. It is forthcoming from a perusal of Rule 17(iii) that
the same is only for intimating the cancellation, modification or
rectification of transactions of documents which have been
previously filed or registered. The said Rule 17(iii) does not in
any manner vest a substantive right on respondent No.2 to
cancel a document that had been registered in terms of the
Rules.
1
Hereinafter it is referred to as 'Rules'
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 6 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
8. Learned AGA vehemently contends that there is
violation of the conditions of the grant, which have been made
consequent to Official Memorandum dated 20.09.1975. It is
contended that the sites having been granted under the said
Official Memorandum dated 20.09.1975 and subject to the
conditions therein, since the said conditions have been violated,
the concerned authorities are justified in taking steps/measures
for cancellation of the grant.
9. In this context, it is pertinent to note that there is
no material placed on record to indicate that any notice has
either been issued to the original grantees or to the petitioners
who claim to have acquired right, title and interest in the sites
in question consequent to registered documents executed in
their favour. In the absence of the concerned authorities
initiating any proceedings to cancel the grant made pursuant to
the Official Memorandum dated 20.09.1975, the question of
respondent No.2 interdicting the right, title and interest
asserted by the petitioners in respect of the property acquired
by them pursuant to the registered deeds executed in their
favour does not arise. Ex-facie the Document Summary Report
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 7 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
not having been preceded by any action initiated under law, the
said impugned documents are liable to be quashed/set aside
and the relief sought for in the present writ petition merits
consideration.
10. In view of the aforementioned, the Document
Summary Reports dated 15.06.2025 recording cancellation of
document No.HSN-Rule-17(3)-00009-2025-26, (Annexure - C
to the writ petition); document No. HSN-Rule-17(3)-00002-
2025-26, (Annexure - H to the writ petition); document
No.HSN-Rule-17(3)-00006-2025-26, (Annexure - M to the
writ petition); document No. HSN-Rule-17(3)-00013-2025-26,
(Annexure - R to the writ petition); issued by respondent No.2
are hereby quashed.
11. This order will not preclude the concerned
authorities from initiating any action in accordance with the
law, if violation of the conditions of the grant of the Official
Memorandum dated 20.09.1975 is sought to be alleged.
Needless to state that the action is to be initiated in accordance
with law and any action initiated in that regard is to be done by
notifying the concerned persons.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
- 8 -
HC-KAR
NC: 2026:KHC:59411
WP No. 357 of 2026
CNR: KAHC010002212026
12. All rights and contentions of the parties in that
regard are kept open.
13. The writ petition is disposed of in the above
mentioned terms.
14. Pending IAs., if any, stand disposed of.
Digitally Signed by CHEPPUDIRA
MONNAPPA POONACHA
(C.M. POONACHA)
JUDGE
Vmb
List No.: 1 Sl No.: 19