State To Make Corrections In Website To Enable Uploading Of Sale Deeds Without Insisting On 11E Sketch: Karnataka High Court

A single judge bench of Justice S R Krishna Kumar, passed the directions while hearing a petition filed by Vaishali Keshav Kadakol.

The court said,

"Respondent No.1/State of Karnataka is also directed to carry out/make necessary changes/corrections in the website https://kaverionline.karnataka.gov.in to enable uploading registered documents on the aforesaid website without insisting on production of '11E' sketch and even in the absence of '11E' sketch by incorporating suitable changes/corrections in the aforesaid website as expeditiously as possible."

The petitioner had approached the court challenging an endorsement dated 21.09.2021 issued by the Sub-Registrar, Jamkhandi Sub-Division, by which it rejected the request of the petitioner for issuance of the registered sale deed in his favour on the sole ground that the petitioner has not produced that the '11E' sketch as required under Section 131(c) of the Karnataka Land Revenue Act, 1964, r/w Rule 46(h) of the Karnataka Land Revenue Rules, 1966.

The counsel for the petitioner submitted that the State Government had issued a circular dated 06.04.2009 requiring production of '11E' sketch at the time of registration of the documents by the registering authorities. The said circular dated 06.04.2009 was called in question before this Court in the case of G.Ramachar and another V/s State of Karnataka and others, AIR 2016(3) KLJ Page 1, wherein this Court has quashed the said circular as well as Section 22A of the Indian Registration Act, 1908 (Karnataka Amendment).

Further, he contended that, "By virtue of the striking down of Section 22A of the Registration Act, 1908 (Karnataka Amendment) as well as the aforesaid circular dated 06.04.2009 issued by the State Government in pursuance of the said provision, it was not open for the respondent No.2-registering authority to insist upon production of the '11E' sketch for the purpose of registration of the sale deed."

Reliance was also placed on the decision of this Court in the case of Smt.Vaishal i v. The Sub Registrar, W.P.No.117177/2019 dated 18.03.2021 in which the court following the judgment in Ramachar's case has quashed an identical/similar endorsement issued by the Sub-Registrar, and the authority was directed to register the sale deeds produced by the petitioner therein without insisting upon production of the '11E' sketch.

The court went through the judgments and noted, "I am of the considered opinion that the impugned endorsement dated 21.09.2021 issued by respondent No.2 is clearly i l legal, arbitrary and without jurisdiction or authority of law and the same deserves to be quashed and necessary directions are to be issued to respondent No.2/Sub-Registrar to handover registered sale deed dated 18.12.2010 to the petitioner without insisting upon production of '11E' sketch by the petitioner."

Further, it said, "I am of the considered opinion that in view of the decision of this Court in Ramachar's case, it has become absolutely essential on the part of respondent No.1 to make necessary changes/ corrections in the aforesaid website and take necessary steps to enable uploading of documents by the registering authorities even in the absence of '11E' sketch and without insisting for production of the same."

The court directed that its order be circulate among all registering authorities in the State of Karnataka, National Informatics Centre (NIC) in all the districts in the State of Karnataka, The Chief Secretary of the Government of Karnataka, The Chief Secretary of the Department of Stamps and Registration.

Case Title: Vaishali W/O Keshav Kadakol v. The State Of Karnataka

Case No: Writ Petition No.103813/2021

Date Of Order: 5th Day Of October, 2021

Appearance:

Advocate Girish A.Yadawad, for Petitioner

Advocate V.S.Kalasurmath, for Respondents

Click Here To Read/Download The Order