Karnataka High Court
Raghavendra M V vs State Of Karnataka on 27 April, 2026
-1-
NC: 2026:KHC:23298
WP No. 7154 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF APRIL, 2026
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 7154 OF 2026 (GM-ST/RN)
BETWEEN:
1. RAGHAVENDRA M V
S/O LATE VEERANNA
AGED ABOUT 41 YEARS,
R/AT GAMANAHALLI VILLAGE
AREKEREHOBLI
SRIRANGAPATTANA TALUK
MANDYA DISTRICT - 571 478.
...PETITIONER
(BY SRI. NARAYANA BHAT MOVVAR, ADVOCATE)
AND:
Digitally signed by
NAGARAJA B M 1. STATE OF KARNATAKA
Location: HIGH
COURT OF REPRESENTED BY ITS SECRETARY
KARNATAKA
DEPT. OF REVENUE
MS BUILDING, AMEBEDAKARVEEDHI,
BENGALURU - 560 001.
2. THE SUB REGISTRAR
SRIRANGAPATTANA
SRIRANGAPATTANA TALUK,
MANDYA DISTRICT - 571 478.
3. THE SUB-REGISTRAR
MANDYA
-2-
NC: 2026:KHC:23298
WP No. 7154 of 2026
HC-KAR
MANDYA TALUK AND
DISTRICT - 571 401.
(AMENDED VIDE ORDER DATED 25/03/2026)
...RESPONDENTS
(V/O DATED 11/3/2026, AGA FOR R1 & R2 (MA NOT FILED);
BY SMT. NAVYA SHEKAR, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS, ANY OTHER APPROPRIATE WRIT ORDER OR
DIRECTION DIRECTING THE RESPONDENT NOS. 2 AND 3 TO
GENERATE THE PAYMENT CHALLAN FOR ONLINE APPLICATION
ON 14.01.2026 BEARING NO. PRP-14012026-9195043
PRODUCED AT ANNEXURE-D TO ENABLE THE PETITIONER TO
PROCEED FURTHER TO CAUSE THE REGISTRATION OF THE
RELEASED DEED DATED 12.01.2026 PRODUCED AT
ANNEXURE-C AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
FRESH MATTERS LIST, THIS DAY, ORDER WAS MADE THEREIN
AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking direction directing respondent Nos.2 and 3 to generate a payment Challan for on-line application on 14.01.2026 bearing -3- NC: 2026:KHC:23298 WP No. 7154 of 2026 HC-KAR No.PRP-14012026-9195043 produced at Annexure-D and enable the petitioner to proceed further to cause the registration of the Release Deed dated 12.01.2026 as per Annexure-C.
2. Heard learned counsel appearing for the petitioner and learned AGA appearing for the respondents.
3. This Court has also taken note of the General Power of Attorney (GPA) under which the petitioner claims authority to execute a registered Release Deed. The Court has further perused the affidavits sworn to by the principals/owners, whereby the petitioner is stated to have been authorized to execute the said Release Deed on their behalf.
4. However, before proceeding to issue any directions in the matter, this Court deems it necessary to extract the relevant portion of the GPA, particularly in view of the ambiguity surrounding the extent and scope of authorization conferred by the principals upon the agent. -4-
NC: 2026:KHC:23298 WP No. 7154 of 2026 HC-KAR In this regard, paragraph Nos.3 of the both GPA assumes significance and are extracted hereunder for ready reference:
"3. ನಮ ಪರ ಾ ಮ ಇ ಾನು ಾರ ಾ ಕ ಯದ ಒಪ ಂದದ ಕ ಾರನು ಬ ೆದು ೊಡಲು, ಕ ಯದ ಒಪ ಂದದ ಮುಂಗಡ ಹಣವನು ಪ"ೆದು ೊಳ$ಲು, ಆ&ಾgÀ, 'ಾ()ೆ, *ೋಗ, ಖು.ಾ ೆ ಪತ ಗಳನು 0ೋಂದ1 2ಾ( ೊಡಲು ಮತು3 4ದು5ಪ( ಪತ ವನು ಬ ೆದು ೊಡಲು ಸಹ ಹಕು7ಳ$ವ ಾ ರು43ೕ8.
3. ನಮ ಗಳ ಪರ ಾ ಮ ಇ ಾ9ನು ಾರ ಾ ಕ ಯದ ಒಪ ಂದದ ಕ ಾರನು ಬ ೆದು ೊಡಲು, ಕ ಯದ ಒಪ ಂದದ ಮುಂಗಡ ಹಣವನು ಪ"ೆದು ೊಳ$ಲು, ಆ&ಾರ, 'ಾ()ೆ, *ೋಗ, ಖು.ಾ ೆ ಪತ ಗಳನು 0ೋಂದ1 2ಾ( ೊಡಲು ಮತು3 4ದು5ಪ( ಪತ ವನು ಬ ೆದು ೊಡಲು ಸಹ ಹಕು7ಳ$ವ ಾ ರು43ೕ8. "
5. On the previous date of hearing, upon perusal of Clause 3 of the General Power of Attorney, the learned Additional Government Advocate vehemently objected to the petitioner's claim and contended that the said clause does not, in explicit terms, authorize the petitioner to execute a Release Deed on behalf of the principals. It was his specific submission that in the absence of a clear and unequivocal authorization, the registering authority would be justified in declining to act upon such an instrument. -5-
NC: 2026:KHC:23298 WP No. 7154 of 2026 HC-KAR
6. It is in this backdrop that this Court deemed it appropriate to call upon the petitioner to secure necessary clarification from the principals/owners who had executed the GPA. Pursuant to the said direction, the petitioner has now placed on record affidavits sworn to by all the five owners. In the said affidavits, the principals have unequivocally acknowledged the execution of the GPA in favour of the petitioner and have further clarified the scope of authorization. More importantly, they have categorically stated that they have no objection for registration of the Release Deed dated 12.01.2026 executed pursuant to the said GPA.
7. Since the affidavits filed by all the owners are identically worded and verbatim in nature, this Court deems it appropriate to extract the relevant portions of the affidavit of one of the owners. Paragraph Nos.2 and 3 of the affidavit read as under:
"2. I state that I and my son R.Prakash had executed a GPA dated 21.10.2020 in favour of -6- NC: 2026:KHC:23298 WP No. 7154 of 2026 HC-KAR Sri.M.V.Raghavendra w.r.t land measuring 0.16.00 guntas in Sy. No.628/3 of Gamanahalli Village, Arekere Hobli, Srirangapattana Taluk, Mandya District. Said GPA was registered before the Sub-Registrar, Mandya as Doc No.111 in Book No.4 of 2020-21.
3. It state that I have no objection for the registration of the Release Deed dated 12.01.2026 executed in favour of Smt.Prema B in pursuant to the GPA referred above."
8. A conjoint reading of the extracted Clause 3 of the GPA and the subsequent affidavits now placed on record would indicate that though there existed some ambiguity at the initial stage with regard to the extent of authorization, the same stands sufficiently clarified by the principals themselves. The affidavits, being sworn statements made on oath before a Notary, leave no manner of doubt that the principals have consciously ratified and affirmed the authority of the petitioner to execute the Release Deed in question.
9. This Court is of the considered view that such a subsequent clarification and express consent by the -7- NC: 2026:KHC:23298 WP No. 7154 of 2026 HC-KAR principals cures the earlier ambiguity and removes the impediment pointed out by the learned Additional Government Advocate. Once the executants themselves have unequivocally declared that they have no objection for registration of the Release Deed dated 12.01.2026, the registering authority cannot refuse to act upon the same on hyper-technical grounds.
10. In that view of the matter, this Court finds that the petitioner has made out a case for issuance of appropriate directions and this Court proceeds to pass the following;
ORDER
(i) The writ petition is hereby allowed.
(ii) The respondent Nos.2 and 3 are directed to forthwith process the petitioner's online application dated 14.01.2026 bearing No.PRP-14012026-9195043 (Annexure-D) and generate the requisite payment challan, so as to enable the petitioner to present and secure registration of the Release Deed dated -8- NC: 2026:KHC:23298 WP No. 7154 of 2026 HC-KAR 12.01.2026 (Annexure-C), in accordance with law.
(iii) The registering Authority shall thereafter proceed to consider the document for registration, without raising objections as to lack of authorization under the GPA, in view of the affidavits filed by the principals clarifying and affirming such authority.
(iv) The aforesaid exercise shall be completed within an outer limit of ten (10) days from the date of receipt of a certified copy of this order.
(v) It is made clear that this Court has not expressed any opinion on the merits of the transaction, and the registering authority shall be at liberty to examine compliance with all other statutory requirements under the Registration Act, 1908 and the Rules framed thereunder.
Sd/-
(SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 51