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2025 DAILYLAW 16937 (KAR)

SRI. N.M.MUDDAPPA v. DISTRICT REGISTRAR

WP/40903/2017 · 2025-01-22

Jyoti Mulimani

body2025

Judgment text

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- 1 - NC: 2025:KHC:2698 WP No. 40903 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 40903 OF 2017 (GM-ST/RN) BETWEEN: SRI. N.M.MUDDAPPA S/O LATE N.M.MUTHANNA, AGED ABOUT 42 YEARS, NO.03, SECTOR A, 8TH CROSS, AMRUTHANAGAR, BENGALURU-560 064. …PETITIONER (BY SRI. K.MALLAHARAO., ADVOCATE) AND: 1. DISTRICT REGISTRAR, GANDHINAGAR REGISTERS DISTRICT, BENGALURU-560 001. 2. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU-560 001. 3. THE INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, (APPOINTED AS THE CHIEF CONTROLLING AUTHORITY FOR THE PURPOSE OF KARNATAKA STAMP ACT 1957), HAVING OFFICE AT: 8TH FLOOR, KHANDHAYA BHAVAN, K.G.ROAD, BENGALURU-560 009. 4. THE SENIOR SUB-REGISTRAR GANDHINAGAR(HEBBAL), HAVING OFFICE AT: NO.125, Digitally signed by THEJASKUMAR N Location: High Court of Karnataka - 2 - NC: 2025:KHC:2698 WP No. 40903 of 2017 SUMANGALI SEVASHRAMA MAIN ROAD, THIMAKKA LAYOUT, COCONUT GARDEN, CHOLANAYAKANAHALLI, HEBBAL, BENGALURU-560 032. …RESPONDENTS (BY SRI. MAHANTESH SHETTAR., AGA FOR R1 TO 4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR ORDERS, THIS DAY, AN ORDER IS MADE AS UNDER: ORAL ORDER Sri.Mahantesh Shettar., AGA for respondents 1 to 4 has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement dated:27.06.2017 passed by the first respondent in No.GNR/RFD/15/2017-18 vide Annexure-D and also a Writ of Mandamus directing the first and second respondent to refund the excess amount of stamp duty paid by the petitioner. 3. Heard the arguments and perused the Writ papers with care. 4. AGA submits that the matter is squarely covered by the order passed by the Co-ordinate bench of this Court in Writ - 3 - NC: 2025:KHC:2698 WP No. 40903 of 2017 Petition No.5474/2020 disposed of on 18.10.2022. AGA therefore, submits that an appropriate order may be passed. The oral submission made by AGA is placed on record. 5. The Writ Petition is allowed in terms of the order passed by the Co-ordinate Bench of this Court in Writ Petition No.5474/2020 disposed of on 18.10.2022. The Writ of Certiorari is ordered. The endorsement dated:27.06.2017 passed by the first respondent in No.GNR/RFD/15/2017-18 vide Annexure-D is quashed. The petitioner is declared to be entitled to a refund of Rs.1,77,840/- (Rupees One Lakh Seventy Seven Thousand Eight Hundred and Forty only). Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 2 Sl No.: 2