SMT.DIVYASHRI M vs THE INSPECTOR GENERAL OF REGISTRATION
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 30 DAY OF SEPTEMBER, 2026
PRESENT
THE HON'BLE MR. JUSTICE S.G.PANDIT
AND
THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION NO. 30767 OF 2026 (S-KSAT)
BETWEEN:
SMT. DIVYASHRI M
W/O SRINIVASA M,
AGED ABOUT 42 YEARS,
WORKING AS
FIRST DIVISION ASSISTANT,
OFFICE OF THE SUB-REGISTRAR,
SARJAPURA, BASAVANAGUDI
REGISTRATION DISTRICT,
ND
RRL TOWER, 2 FLOOR, SOMPURA GATE,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU- 562125.
R/AT NO.109, GROUND FLOOR,
SIRI TIMBER LEAF APPARTMENT,
ND ND
2 CROSS, 2 MAIN,
HANUMA HILLS LAYOUT,
AREHALLI, BENGALURU-560061.
…PETITIONER
(BY SRI. SAIPRAKASH V. SURYAVANSHI, ADV.)
AND:
THE INSPECTOR GENERAL OF REGISTRATION
AND COMMISSIONER OF STAMPS,
TH
8 FLOOR, KANDAYA BHAVANA,
K G ROAD,
BENGALURU- 560 009.
…RESPONDENT
Digitally signed by
NANJUNDACHARI
Location: High
Court of Karnataka
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA, PRAYING TO I) SET ASIDE THE IMPUGNED
ORDER DATED 22/09/2026 IN OA NO.4420/2026 PRODUCED AT
ANNEXURE-A, AS PER ANNEXURE-A, AND CONSEQUENTLY STAY THE
ARTICLES OF CHARGES AND ALL FURTHER PROCEEDINGS THERETO
PENDING DISPOSAL OF THE APPLICATION IN OA NO.4420/2026
PENDING BEFORE THE TRIBUNAL AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.G.PANDIT
AND
HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.G.PANDIT)
Petitioner is before this Court under Article 226 of the
Constitution of India, questioning the interim order dated
22.09.2026 in Application No.4420/2026 passed by the
Karnataka State Administrative Tribunal at Bengaluru (for
short “Tribunal”) rejecting petitioner’s prayer for stay of
Articles of Charge dated 13.08.2026 (Annexure-A3).
2. Heard learned counsel Sri.Saiprakash V Suryavanshi
for petitioner and learned Additional Advocate General for
respondents. Perused the entire writ petition papers.
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
3. Learned counsel for the petitioner would submit that
the petitioner is working as First Division Assistant at the
office of Sub-Registrar, Sarjapura and she was issued with
Articles of Charge dated 13.08.2026 alleging that the
petitioner registered two documents under incorrect sub-
article and failed to verify the particulars from e-swathu .
It is submitted that the petitioner questioning the said
Articles of Charge was before the Tribunal in the above
stated application and also sought interim stay of the said
Articles of Charge dated 13.08.2026. Further, learned
counsel would submit that the Tribunal failed to appreciate
the contentions raised by the petitioner and failed to
appreciate prima facie case made out by the petitioner. It
is submitted that the Tribunal without considering any of
the grounds made out by the petitioner to establish prima
facie case, rejected the interim prayer of the petitioner to
stay the Articles of Charge. Learned counsel would
contend that the charges alleged against the petitioner are
vague and bald. It is also submitted that the imputation
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
of charge and allegations in the Articles of Charge are one
and the same. Further, learned counsel would submit that
the petitioner has not committed any misconduct and she
has only registered the documents submitted for
registration, by following due procedure. It is also
submitted that the Sub-Registrar cannot refuse to register
the documents. Non-verifying e-swathu while registering
would not amount to misconduct and further it is
submitted that there is no allegation of any loss caused to
the State exchequer. Further, learned counsel would
submit that the petitioner is in the Zone of consideration
for promotion to the next higher cadre. Placing reliance
on the letter dated 22.08.2023, whereunder the service
records are called for, for consideration of the cases of
officials stated therein for promotion to the next higher
cadre, it is submitted that Articles of Charge is issued only
to deny the petitioner further promotion. Thus, he would
pray for allowing the writ petition and to grant interim
order as prayed for before the Tribunal.
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
4. Per contra, learned AGA would support the order
passed by the Tribunal and would submit that there is no
cause of action for the petitioner to challenge the Articles
of Charge and mere issuance of Articles of Charge would
not prejudice the petitioner in any way. Thus, he would
submit that the application itself is premature and prays
for dismissal of the writ petition.
5. Having heard the learned counsel for the parties and
on perusal of the entire writ petition papers, we are of the
considered view that the Tribunal is justified in rejecting
the interim prayer of the petitioner.
6. A perusal of the impugned order passed by the
Tribunal indicates that the Tribunal on perusal of the
material on record has recorded that there is no prima
facie case for grant of interim order of stay as sought for.
The grounds urged by the petitioner in support of the
prayer to quash Articles of Charge are to be considered by
the Tribunal at the time of disposal of the application.
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
Wherever the Articles of Charge are questioned, if the
concerned establishes that the Articles of Charge is issued
by incompetent authority or places on record the material
to establish malafide depending on the facts and
circumstances, the Tribunal could consider granting of
interim prayer.
7. Further, if the grounds raised by the petitioner are
answered at this stage, it would definitely affect the case
of either party before the Tribunal. It would not be
appropriate for this Court at this stage to examine as to
whether alleged charges would amount to misconduct or
not. Therefore, we refrain from answering any of the
contentions raised by the petitioner.
8. Learned counsel for the petitioner also contended
that based on the letter dated 22.08.2023 calling for
service particulars of the officials stated therein, the
Articles of Charge would affect her promotional chances.
The letter referred to by the petitioner is of August 2023.
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HC-KAR
NC: 2026:KHC:54982-DB
WP No. 30767 of 2026
CNR: KAHC010677642026
Till this date, for nearly 3 years, no progress has been
made. If at all, the respondents initiate proposal for
promotion ignoring the case of the petitioner, at that stage
it would be open for the petitioner to move appropriate
application seeking appropriate relief.
9. At this stage, we are of the considered opinion that
the petitioner has not made out any ground for grant of
interim prayer and we also do not find any error in the
impugned order rejecting interim prayer of the petitioner.
Accordingly, the writ petition stands rejected .
Sd/-
(S.G.PANDIT)
JUDGE
Sd/-
(DR.CHILLAKUR SUMALATHA)
JUDGE
MPK
CT:bms
List No.: 1 Sl No.: 13