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2019 DIGILAW 1382 (KAR)

Sundari Sugars Ltd v. Rajkumar Khatri

2019-06-21

ARAVIND KUMAR, BELLUNKE A.S.

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JUDGMENT : Aravind Kumar, J. Sri Rajakumar Khatri, Principal Secretary, first respondent along with Sri K. Mari Gadilingappa respondent/ contemnor No.3 are present before the Court. 2. A memo is filed enclosing the registered sale deed dated 05.03.1999 executed by Kampli Co-operative Sugar Factory Ltd., represented by the official Liquidator and Joint Registrar of Co-operative Societies, Gulbarga Division, Raichur, in favour of the complainant with a prayer that said sale deed be kept in the safe custody of this Court, since the issue regarding resumption of land which is the subject matter of the sale deed is at large in W.P.No.112167/2017 pending before the learned Single Judge. 3. The said memo and the original registered sale deed dated 05.03.1999 is taken on record. 4. This contempt proceedings have been initiated by the complainant who is the petitioner in W.P.No.107923/2017 alleging that respondents have willfully disobeyed the order dated 07.08.2007 passed in W.P.No.107923/2017 and order dated 20.11.2018 passed in W.P.No.112167/2017 whereunder learned Single Judge had issued following directions: 5. In W.P.No.107923/2017 following direction was issued: "Hence, the petition, when once the order of the Deputy Commissioner Stamps and Registration is complied with and representation has been made by the petitioner, it is the duty of the respondent No.2 and 3 to pass appropriate orders in accordance with law on such representation, under the above said circumstances, the respondent No.2 is hereby directed to consider the representation of the petitioner dated 11.05.2017 filed along with the DDs of the above said amounts as per Annexure-Q and pass appropriate orders in accordance with law within two weeks from the date of receipt of a copy of this order." In W.P.No.112167/2017 "As directed earlier, the learned Government Advocate submits that he has instructions from respondent No.3-Sub-Registrar that the Demand Drafts given by the petitioner to the Sub-Registrar has been encashed. Respondent No.3-Sub-Registrar is hereby directed to release the sale deeds in favour of the petitioner. In the meanwhile, learned Government Advocate submits that, it would be appropriate that, if there is an observation by this Court that, until disposal of this writ petition, the petitioner should not create any encumbrance on the property in question. Sri B.V. Acharya, learned Senior Counsel submits on instruction from the petitioner that the petitioner shall not create any encumbrance on the property in question, which will be subject to the outcome of this writ petition." 6. Sri B.V. Acharya, learned Senior Counsel submits on instruction from the petitioner that the petitioner shall not create any encumbrance on the property in question, which will be subject to the outcome of this writ petition." 6. In the light of memo filed by learned Government Advocate and the learned Single Judge having taken a view in W.P.No.107923/2017 to the effect that there was no justification for the Registrar of Stamps and Registration for not having released the sale deed dated 05.03.1999 which had been registered in favour of the petitioner and also the fact that similar direction was given subsequently in W.P.No.112167/2017 referred to hereinabove, we are of the considered view that contempt proceedings deserves to be dropped, since the registered sale deed dated 05.03.1999 has been produced before the Court along with the memo. 7. However, prayer made by the learned Additional Advocate General that same should be kept in the safe custody of the registry is not accepted, inasmuch as order dated 07.08.2017 passed in W.P.No.107923/2017 having become final. 8. Hence, the Additional Registrar General is hereby directed to release the sale deed in favour of the petitioner/complainant on proper identification. 9. In fact, it would be apt and appropriate to notice that Co-ordinate Bench by order dated 12.04.2019 had already passed an order to release the document in question in this proceedings itself. However, said document had not been released and same having now been filed before the Court, which is taken on record, same is ordered to be handed over to the petitioner by the registry on proper identification. 10. Accordingly, recording the memo and submissions of the learned Advocates appearing for the parties, contempt proceedings are dropped. 11. The sealed cover containing sale deed be kept in the custody of Addl. Registrar General for complying with the order passed hereinabove till it is handed over to petitioner on identification.