ANIL KUMAR B N Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Though this petition is posted for preliminary hearing, as the learned Government Pleader has entered appearance on behalf of respondents and as the matter lies in a very narrow compass, rule is issued and it is taken up for final disposal.

(2.) In this petition under Articles 226 and 227 of the Constitution, the petitioner has sought for quashing the order dated 2-7-1986 passed by the Sub-Registrar, Belur Taluk, produced as Arinexure-C and also the order dated 9-2-1987 passed by the District Registrar in Reg. No.4/86-87 produced as Annexure-D.

(3.) By the first order the Sub-Registrar has refused to register the document 1 dated 26-12-1985 on the ground that it violates the provisions or the Karnataka Prevention of Fragmentation and Consolidation of Holdings Act, 1966 (hereinafter referred to as 'the Act')- Annexure-B is the order passed by the Appellate Authority. The appellate authority has confirmed the order of the Sub-Registrar. The document is a deed of relinquishment executed by four out of the five co-owners in favour of the 5th co-owner. The petitioner is the 5th co-owner, in whose favour the other co owners have relinquished their rights.