Khamar Basha v. The Sub Registrar

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 26311 OF 2026 (GM-ST/RN) BETWEEN:

KHAMAR BASHA AGED ABOUT 53 YEARS, S/O. LATE S/O. BABASAB, R/O. NALLURU VILLAGE, KASABA HOBLI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213. …PETITIONER (BY SRI. CHIDAMBARA G.S., ADVOCATE) AND:

THE SUB REGISTRAR OFFICE OF THE SUB-REGISTRAR, TALUK ADMINISTRATION SOUDHA, CHANNAGIRI, CHANNAGIRI TALUK, DAVANAGERE DISTRICT - 577 213. …RESPONDENT (BY SRI. MOHAMMED JAFFAR SHAH, AGA)

THIS WP IS FILED UNDER ARTICLE 227 O FTHE CONSTITUTION OF INDIA PRAYING TO-QUASHING THE ENDORSEMENT ORDER DATED 01.08.2026 BEARING NO. U NO. KA.CHA/R G N/100/2026-27 VIDE ANNX-K ISSUED BY THE RESPONDENT ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ

by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA

ORAL ORDER

¶1Learned Additional Government Advocate accepts notice for the respondents.

¶2Petitioner is before the Court seeking for the following reliefs: a. Issue appropriate writ endorsement/order or writs quashing the dated 01-08-2026 bearing No.U.No.Ka.Cha/R.G.N/100/2026-27 vide Annexure-K issued by the respondent;

b. Issue appropriate writ or writs directing the respondent to delete/remove the entry of agreement for sale dated 21-07-2022 vide Annexure-А bearing document No.CNG-1-02683-2022-23 from the encumbrance certificate of land bearing Sy.No.56/2 situated at Ubrani village, Ubrani hobli, Channagiri taluk, Davanagere district as prayed for in Annexure-J bearing No.Nil submitted to respondent on 01-08-2026;

c. Grant such other writs or orders or directions or reliefs as this Hon'ble court deems fit to grant in the facts and circumstances of the case;

d. Award costs of the writ proceedings; and

¶3The petitioner claims to be a subsequent purchaser of the property in Survey No.56/2 situated at Ubrani Village, Ubrani Hobli, Channagiri Taluk, Davangere.

¶4His submission is that, prior to the purchase, there was an agreement of sale entered into by the original landowner with certain others as regard to which a suit for specific performance had been filed, which

came to be partly decreed directing the refund of the earnest money and denying the relief of specific performance on 02.04.2025 in O.S.No.60/2023 by the Senior Civil Judge & JMFC, Channagiri. The petitioner, having purchased the property subsequent thereto, had requested the Sub-Registrar to remove the details of the registered agreement of sale entered in the encumbrance certificate. Same not having been done, the petitioner is before this Court seeking for the aforesaid reliefs.

¶5An encumbrance certificate records all the transactions which have occurred in respect there to. No entry in the encumbrance certificate can be deleted at the request of any party, even if such party had purchased the property subsequently. It would be for the petitioner to avail of such remedies which are available in law, including registration of a decree passed in O.S.No.60/2023.

¶6Reserving such liberty, the petition stands disposed.

Sd/- (SURAJ GOVINDARAJ) JUDGE

GJM/List No.: 1 Sl No.: 14