Sri Ramesh Babu vs The District Registrar
2023 Latest Caselaw 2693 Kant

                                        -1-
                                                  WP No. 44831 of 2018




             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 29TH DAY OF MAY, 2023

                                     BEFORE

                 THE HON'BLE MR JUSTICE KRISHNA S DIXIT

               WRIT PETITION NO. 44831 OF 2018 (GM-ST/RN)

             BETWEEN:

             SRI. RAMESH BABU,
             ADVOCATE
             S/O SRINIVASA NAIDU V
             AGED ABOUT 49 YEARS,
             OFFICE SITUATED AT NO.518
             3RD FLOOR PRABATH COMPLEX,
             K G ROAD, BANGALORE-560 009.
                                                            ...PETITIONER
             (BY SRI. R HEMANTH RAJ.,ADVOCATE)

             AND:

             1. THE DISTRICT REGISTRAR
                JAYANAGARA REGISTRATION DISTRICT
Digitally       NO.2722, 2ND FLOOR, 12TH MAIN, 4TH BLOCK,
signed by
SHARADA         JAYANAGAR BANGALORE-560 011.
VANI B
Location:    2. THE INSPECTOR GENERAL OF REGISTRATION ,
HIGH COURT
OF              AND COMMISSIONER OF STAMPS,
KARNATAKA       8TH FLOOR KANDAYA BHAVANA,
                K G ROAD, BANGALORE-560 009.

             3. THE GOVERNMENT OF KARNATAKA
                REP BY ITS SECRETARY
                DEPARTMENT OF REVENUE
                (STAMP AND REGISTRATION)
                5TH FLOOR, M S BUILDING, BANGALORE-560 001.
                                                      ...RESPONDENTS
             (BY SMT. RASHMI PATEL, AGA)
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                                          WP No. 44831 of 2018




     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET-
ASIDE/QUASH THE ENDORSEMENT DATED 21.05.2018 ISSUED
BY THE R-1 PRODUCED VIDE ANNEXURE-E INTHE WRIT
PETITION AND QUASH/SET-ASIDE THE COPY OF THE
LETTER/REMINDER NO.S.T.P/88/2016-17 DATED 23.10.2017
ISSUED BY THE R-2 PRODUCED VIDE ANNEXURE-F IN THE
WRIT PETITION AND ETC.,

      THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

The subject matter of this Writ Petition is

substantially similar to the one in W.P.No.5474/2020 (GM-

ST/RN) between M/S CREATIVE AROMATICS

SPECIALITIES PVT. LTD., vs. THE STATE OF KARNATAKA

& OTHERS, disposed off by a Coordinate Bench of this

Court on 18.10.2022 granting a direction to refund

payment of excess stamp duty on the instrument of the

kind wherein the operative partition of the said judgment

reads as under:

i) "The endorsement dated 20.11.2019 stands quashed.

ii) The petitioner is declared to be entitled to a refund of Rs.33,21,635/-.

iii) The said amount shall be refunded within 8 weeks from the date of receipt of copy of the order, failing which, the petitioner

WP No. 44831 of 2018

would become entitled to 6% interest from the date of the application till the date of its actual payment."

2. The Division Bench of this Court in W.A.Nos.

932-933/1974 between A.V.VINODA & ANOTHER Vs.

STATE OF KARNATAKA BY ITS COMMISSIONER &

SECRETARY disposed of on 11.12.1974, has held that the

Court should treat the like-cases alike and if relief is

granted to a litigant it has to be extended to a similarly

circumstanced litigant as well, there being no derogatory

circumstances.

In the above circumstances, this Writ Petition is

allowed; the impugned order is set at naught with a

direction as has been granted in the cognate Writ Petition

mutantis mutandis.

No costs.

Sd/-

JUDGE Bsv