Karnataka High Court
M/S. Axis Bank Ltd.,A Co.Incorprtd ... vs State Of Karnataka on 6 June, 2024
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NC: 2024:KHC-D:7547
WP No. 61421 of 2012
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO. 61421 OF 2012 (GM-ST/RN)
BETWEEN:
M/S. AXIS BANK LIMITED,
A COMPANY INCORPORATED UNDER THE
PROVISIONS OF THE COMPANIES ACT, 1956
HAVING ITS REGISTERED OFFICE AT "TRISHUL",
THIRD FLOOR, OPP. SAMARTHESHWAR TEMPLE,
NR. LAW GARDEN, ELLISBRIDGE,
AHMEDABAD-380 006.
HAVING ITS BRANCH OFFICE AT
AXIS BANK, DOOR NO.8,
MAIN ROAD, SIDHARTHA COMPLEX,
PARVATHI NAGARA,
BELLARY-583 103,
REPRESENTED BY ITS BRANCH HEAD AND
POWER OF ATTORNEY HOLDER
SRI. NACHIAPPAN.
...PETITIONER
YASHAVANT
(BY SRI. HARSH DESAI, ADVOCATE)
NARAYANKAR
Digitally signed by
AND:
YASHAVANT NARAYANKAR
Location: HIGH COURT OF
KARNATAKA DHARWAD
BENCH
Date: 2024.06.15 12:09:31
1. STATE OF KARNATAKA,
+0530
REVENUE DEPARTMENT
(REGISTRATION AND STAMPS)
5TH FLOOR, GATE NO.2,
M.S. BUILDING,
BANGALORE-560 001,
REPRESENTED BY ITS SECRETARY.
2. INSPECTOR GENERAL OF REGISTRATION
AND COMMISSIONER OF STAMPS,
7TH FLOOR, BWSSB WING,
CAUVERY BHAVAN,
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NC: 2024:KHC-D:7547
WP No. 61421 of 2012
KG RD, BANGALORE-560 001.
3. DISTRICT REGISTRAR &
REGISTRAR OF FIRMS,
STATION ROAD, BELLARY-583 101,
REPRESENTED BY DISTRICT REGISTRAR.
4. SENIOR SUB-REGISTRAR OFFICE,
STATION ROAD, BELLARY-583 101,
REPRESENTED BY SUB-REGISTRAR.
...RESPONDENTS
(BY SRI. J.M. GANGADHAR, AAG FOR
SRI. V.S. KALASURMATH, HCGP FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR
DIRECTION QUASHING THE LETTER DATED:20/01/2012 BEARING
NO.SLNO./SROB/STP/67B/2011-12 ISSUED BY THE RESPONDENT
NO.4 (ANNEXURE-A); ISSUE A WRIT OF CERTIORARI OR ANY OTHER
APPROPRIATE WRIT, ORDER OR DIRECTION, STRIKE DOWN THE
SECTION 67B OF THE KARNATAKA STAMP ACT, 1957, AS ULTRA
VIRES OF THE CONSTITUTION OF INDIA AND UNCONSTITUTIONAL
VIDE ANNEXURE-B.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 61421 of 2012
ORDER
1. Captioned petition is filed by the Bank seeking following
reliefs:
a. Issue a Writ of certiorari or any other appropriate
writ, order or direction quashing the letter
dated:20/01/2012 bearing No.SLNo./Srob/Stp/
67B/2011-12 issued by the Respondent No.4
(Annexure-A)
b. Issue a Writ of certiorari or any other appropriate
writ, order or direction, strike down the Section
67B of the Karnataka Stamp Act, 1957, as ultra
vires of the Constitution of India and
unconstitutional vide Annexure-B."
2. The petitioner-Bank is aggrieved by the impugned letter
dated 20.01.2012. The respondents, under the impugned
letter, by tracing their right under Section 67-B of the
Karnataka Stamp Act, 1957 (for short "the Act"), have
sought to exercise power to inspect the documents and
records of the petitioner. Feeling aggrieved by the said
impugned communication dated 20.01.2012 as per
Annexure-A, the Bank apart from assailing the correctness
of the impugned letter at annexure-A has also questioned
the constitutional validity of Section 67-B of the Act.
3. Learned Additional Advocate General, on instructions,
submits that the respondent-authorities are not pressing
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the communication/letter dated 20.01.2012. Further
request is made to this Court to keep the issue relating to
the validity of Section 67-B open to be decided in some
other case. At this stage, learned counsel for the petitioner
has also placed reliance on the judgment rendered by the
Co-ordinate Bench of this Court in an identical case.
4. I have given my anxious consideration to the findings
recorded by the Co-ordinate Bench in an identical case. In
light of the submission made by the learned Additional
Advocate General indicating that they are not intending to
implement the impugned letter at Annexure-A, nothing
further survives for consideration before this Court. In that
view of the matter, I pass the following:
ORDER
i) Writ petition is allowed in part.
ii) The impugned letter dated 20.01.2012
issued by the respondents-authorities vide
Annexure-A is hereby quashed.
iii) The issue relating to constitutional validity
of Section 67-B is kept open to be decided
in some other case.
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iv) It is needless to say that in the event the
respondent-State ventures in initiating
similar action by invoking Section 67-B of
the Act, liberty is reserved to the petitioner
to approach this Court.
v) In view of disposal of the petition, pending
interlocutory applications, if any, do not
survive for consideration and are disposed
of accordingly.
Sd/-
JUDGE
