The Karnataka High Court has ordered issue of notice to the State government on a petition questioning the refusal by a sub-registrar to register a revenue site due to the absence of certain documents made mandatory for registering properties in the State.
Justice S. Abdul Nazeer passed the order on a petition filed by Deepa S., seller, and N. Ramareddy, purchaser, in connection with the registration of a 30X40 ft site in Mylasandra village, Begur hobli, Bangalore South taluk.
The petitioners questioned government circulars issued in April 2009 and January 2013 imposing restrictions on registering properties such as sites created on non-converted agricultural land, and making it mandatory to produce certain land-related documents at the time of the registration.
However, the petitioners contended that the Registration Act does not confer any right on the State to prohibit the registration of any particular transaction where it is permissible under the Indian Contract Act to enter into a valid contract.
The court on Friday disposed of a public interest litigation (PIL) petition seeking a direction to the State for constructing a building for the office of the Advocate-General next to the High Court building and to provide infrastructure to make available various facilities to advocates practicing in the court.
A Division Bench comprising Chief Justice D.H. Waghela and Justice B.V. Nagarathna passed the order after recording the statement of Advocate General S. Vijay Shankar, who submitted to court that the government would consider the plea if a representation was made to it, while contending that it was not a genuine petition in public interest.
“[The] Advocate General is the leader of the Bar. Do you have faith in your leader or not?,” the Bench orally asked the counsel for the petitioner who continued arguments even after the AG submitted that the government would consider the petitioner’s pleas if a representation was given to it.
City-based advocate C.M. Mahesh had filed the petition while highlighting the lack of infrastructure in the present office of the AG in the High Court building.