UDAYA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) These writ petitions are filed under Articles 226 and 227 of the Constitution of India for quashing the impugned endorsement bearing No. 154/11-12, dated 24-9-2011 issued by the 2nd respondent vide Annexure-F and to direct the 2nd respondent to register the absolute sale deed executed by the 2nd petitioner in favour of the 1st petitioner and hand over the original sale deed to the 1st petitioner. The 2nd respondent-Society purchased 2 acres of land in Sy. No. 166 situated at Gokare Village, Kasaba Hobli, Devanahalli Taluk, Bangalore Rural District from one Smt. Sangitha Jain W/o. Sri Suresh Jain, who is the absolute owner of the converted land vide conversion order dated 11-2-2009 issued by the Deputy Commissioner, Bangalore Rural District. Smt. Sangitha Jain had acquired the said land from her vendor vide registered sale deed dated 30-6-1999 executed by one Sri Y.C. Annayappa, registered in the Office of Sub-Registrar, Bangalore Rural District vide document No. DNH-1-00705-2004-2005, Book-I, stored in CD No. DNHD13, dated 22-6-2004. The 2nd petitioner-Housing Society purchased the same by paying valuable consideration of Rs. 60.00 lakhs. Thereafter, the 2nd petitioner-Society invested lakhs of rupees of the members' hard earned money. Thereafter, submitted a layout plan to Bangalore International Airport Area Planning Authority after paying the requisite fee. The Bangalore International Airport Area Planning Authority (for short, 'BIAAP') has approved the layout plan on 26-2-2010 and accorded the permission to form the residential layout. The BIAAP Authority has also issued commencement certificate in favour of the 2nd petitioner-Society vide Annexure-C. Thereafter, the 2nd petitioner-Society executed the relinquishment deed relinquishing the park and civic amenity area to the concerned local authority, thereby the BIAAP Authority has released the sites as required in favour of the 2nd petitioner-Society. The 2nd petitioner-Society thereafter formed the layout as per the approved layout plan and formed the full-fledged layout and completed the layout in its entirety. The 2nd petitioner-Society has executed registered sale deeds in favour of its members in the Office of the 2nd respondent. The 1st petitioner who being the member of 2nd petitioner-Society was allotted a site bearing No. 32 situated in the layout formed by the 2nd petitioner-Society tendered a registered sale deed on 16-9-2011 in respect of the site bearing No. 32 before the 2nd respondent for registration in favour of the 1st petitioner. The petitioners have submitted necessary sale deeds and other relevant documents and requisite stamp duty and registration fee for the purpose of registration. The 2nd respondent having admitted the document for registration has issued an endorsement bearing No. 154/11-12, dated 24-9-2011 refusing to register the document for registration stating that the subject-matter of the site involved in the registered sale deed is the part and parcel of Sy. No. 166 in respect of which an injunction order is operating in A.A. No. 28 of 2010. Aggrieved by the said endorsement issued by the 2nd respondent, the petitioners have filed these writ petitions.

(2.) The respondents have not filed statement of objections.

(3.) Learned Counsel for the petitioners submits that the petitioners are not the parties to the A.A. No. 28 of 2010, in which the Principal District Judge, Bangalore Rural District, Bangalore has passed injunction order restraining the respondent from alienating or encumbering the suit schedule property in any manner by way of injunction till the Arbitrator is appointed and Arbitral proceedings are concluded and award is passed. Therefore, the impugned endorsement issued by the 2nd respondent is liable to be quashed and the 2nd respondent is directed to register the documents produced by the petitioners.