✦ Karnataka High Court

REPRESENTED BY ITS SECRETARY v. BENGALURU NORTH

Case at a glance

Outcome

Allowed

(i) The writ petition is allowed

Provisions considered

Key paragraphs

  • Para 33. Recording the submission made by the learned Additional Government Advocate and having regard to the limited nature of the relief sought, this Court deems it appropriate to dispose of the petition with the following: ORDER (i) The writ petition is allowed. (ii) The petitioner…

Judgment

(BY SRI. GANAPATHI C V., ADVOCATE) AND:

#1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU- 560 001 REPRESENTED BY ITS SECRETARY, …PETITIONER

#2. THE DISTRICT REGISTRAR AND ASSISTANT COMMISSIONER OF STAMP AND REGISTRATION, GANDHINAGARA, AT BENGALURU, NO. 8, 2ND AND 3RD FLOOR, B.B.M.P. WARD NO.8, NEAR BALAMURI TEMPLE, 3RD CROSS, TATANAGARA, KODIGEHALLI, BENGALURU- 560 092

#3. R.M.LALLETHAMMA, W/O LATE H.N.VIRUPAKASHIAH Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2026:KHC:20705 WP No. 15258 of 2025 HC-KAR AGED ABOUT 70 YEARS.

#4. H.V.GAYTHRIDEVI, D/O LATE H.N.VIRUPAKASHIAH, AGED ABOUT 55 YEARS,

#5. H.V.RAJESHWARI, D/O LATE H.N.VIRUPAKASHIAH AGED ABOUT 50 YEARS,

#6. H.V.SANATH DUMAR S/O LATE H N VIRUPAKASHIAH, AGED ABOUT 48 YEARS THE RESPONDENTS NO.3 TO 6 ARE RESIDING AT SONNAPPANAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 AND R2; SRI. LINGARAJA GOWDA D.S., ADVOCATE FOR R3 TO R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO- DIRECTING THE R2 TO CONSIDER ANNEXURE-D REPRESENTATION DATED

19.04.2025 AND TO ADJUDICATE THE GPA DATED 06.02.1997 VIDE ANNEXURE-C IN FAVOR OF PETITIONER AFTER RECEIVING STAMP DUTY AND PENALTY AS PER THE STAMP DUTY ACT 1957. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2026:KHC:20705 WP No. 15258 of 2025 HC-KAR CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER

#1. The petitioner, in the present writ petition, is seeking issuance of a writ in the nature of mandamus directing respondent No.2 consider representation dated 19.04.2025 and to adjudicate the General Power of Attorney dated 06.02.1997, produced at Annexure-C, in accordance with the provisions of the Karnataka Stamp Act, 1957, by receiving the requisite stamp duty along with applicable penalty.

#2. Learned Additional Government Advocate, on instructions, submits that the aforesaid representation was not submitted before the competent authority, namely respondent No.2 – the District Registrar, but instead tendered before jurisdictional Tahsildar. He would further submit that in the event - 4 - NC: 2026:KHC:20705 WP No. 15258 of 2025 HC-KAR the petitioner submits a detailed representation directly before respondent No.2, the same would be duly considered and appropriate orders would be passed in accordance with law.

#3. Recording the submission made by the learned Additional Government Advocate and having regard to the limited nature of the relief sought, this Court deems it appropriate to dispose of the petition with the following: ORDER (i) The writ petition is allowed. (ii) The petitioner is permitted and directed submit a fresh, comprehensive representation directly before respondent No.2 – District Registrar. Upon receipt of such representation, respondent No.2 shall examine the petitioner’s claim with reference - 5 - NC: 2026:KHC:20705 WP No. 15258 of 2025 HC-KAR to the document in question and take a decision strictly in accordance with law. (iii) Respondent No.2 shall ensure that the representation, if so submitted, is considered and disposed of within an outer limit of four weeks from the date of its receipt. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE GH List No.: 1 Sl No.: 54

Questions this judgment answers

What did the Court decide in this case?

The Court recorded the following disposition: (i) The writ petition is allowed

Which statutory provisions did this judgment involve?

Constitution of India — arts. 226, 227; Indian Stamp Act, 1899.

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