Karnataka High Court
Vimala S vs The Department Of Stamps And ... on 6 June, 2024
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2024:KHC:19676
WP No. 24629 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 24629 OF 2023 (GM-ST/RN)
BETWEEN:
VIMALA S
W/O SRINIVAS
AGED ABOUT 45 YEARS
R/O. NO.48/1
KANAKAPURA MAIN ROAD
YELACHENAHALLI
J. P. NAGAR POST
BENGALURU-560078.
...PETITIONER
(BY SRI. H.KANTHARAYA SR.COUNSEL FOR
SRI. RAVI H.K., ADVOCATE)
AND:
1. THE DEPARTMENT OF STAMPS AND REGISTRATION
GOVERNMENT OF KARNATAKA
Digitally signed
by VANDANA S REPRESENTED BY SECRETARY
Location: HIGH VIDHANA SOUDHA
COURT OF AMBEDKAR VEEDHI
KARNATAKA BENGALURU-560001.
2. THE DISTRICT REGISTRAR
AND DEPUTY COMMISSIONER OF STAMPS
AT NO.32, IST FLOOR
100 FEET RING ROAD
6TH BLOCK, 3RD STAGE
3RD PHASE
BANASHANKARI
BENGALURU-560085.
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NC: 2024:KHC:19676
WP No. 24629 of 2023
3. THE SENIOR SUB-REGISTRAR
OFFICE OF THE SUB REGISTRAR
BANASHANKARI
BENGALURU-560050
...RESPONDENTS
(BY SRI. N.B.PATIL, AGA)
THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT
NO.2 TO ASSESS THE STAMP DUTY PAYABLE ON THE SALE DEED
DATED 15.07.2011 BEARING NO.2943/2011-12 REGISTERED IN THE
OFFICE OF THE SUB-REGISTRAR, BANASHANKARI, BANGALORE
WITH RESPECT TO PROPERTY BEARING SURVEY NO.46
SITUATED AT KAGILUPURU VILLAGE, BENGALURU SOUTH TALUK,
MEASURING 2 ACRE 20 GUNTAS, BY APPLYING THE MARKET
VALUE IN RESPECT THEREOF AS ON THE DATE OF COMPROMISE
DECREE DATED 10.04.2001 IN O.S.NO.33/2000 ON THE FILE OF
THE II ADDITIONAL SENIOR CIVIL JUDGE BENGALURU RURAL
DISTRICT, BENGALURU VIDE ANNEXURE-C BY ISSUING A WRIT OF
MANDAMUS AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
In this petition, petitioner seeks for the following reliefs:
"a) Direct the respondent no.2 to assess the stamp duty
payable on the sale deed dated 15.07.2011 bearing
no.2943/2011-12 registered in the office of the Sub-
Registrar, Banashankari, Bangalore with respect to property
bearing Survey no.46 situated at Kagilupuru Village,
Bengaluru South Taluk, measuring 2 acre 20 guntas, by
applying the market value in respect thereof as on the date
of compromise decree dated 10.04.2001 in O.S.No.33/2000
on the file of the II Additional Senior Civil Judge Bengaluru
NC: 2024:KHC:19676
Rural District, Bengaluru vide Annexure-C by issuing a writ
of mandamus.
b) Direct the respondent No.2 to communicate the outcome
of the determination of such stamp duty payable by the
petitioner on sale deed dated 15.07.2011 bearing
no.2943/2011-12 registered in the office of the Sub-
Registrar, Banashankari, Bangalore by issuing a Writ of
Mandamus.
c) Issue any such other writs, orders or directions as this
Hon'ble Court deems fit in the interest of justice and equity
including awarding of costs."
2. Heard learned Senior counsel for the petitioner and
learned AGA for the respondents and perused the material on
record.
3. It is submitted that the learned Senior counsel on behalf
of the petitioner that despite the subject Sale Deed dated
15.07.2011 having referred to the respondent No.2 for adjudication
of stamp duty payable on the documents as long back as on
16.11.2012, the respondent No.2 is not taking any steps to
adjudicate the stamp duty payable on the said document, even till
today and as such the petitioner is before this Court by way of the
present petition.
NC: 2024:KHC:19676
4. Per contra, learned AGA submits that if reasonable time is
granted, the respondent No.2 would proceed further and adjudicate
the stamp duty payable on the Sale Deed and take appropriate
decision / pass appropriate orders in accordance with law.
5. In view of the aforesaid facts and circumstances, I deem it
just and appropriate to dispose of this petition directing the
respondent No.2 to conclude the proceedings for adjudication of
the stamp duty payable on the Sale Deed dated 15.07.2011, as
expeditiously as possible after providing sufficient and reasonable
opportunity to the petitioner and in accordance with law within a
period of 2 months from the date of receipt of a copy of this order.
6. Liberty is reserved in favour of the petitioner to submit
pleadings, documents, judgments etc., before the respondent No.2
who shall consider the same and proceed further in the matter in
accordance with law.
Sd/-
JUDGE
DHA
