- 1 - NC: 2025:KHC:3157 WP No. 31603 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 31603 OF 2024 (GM-CPC) BETWEEN: HASSAN DIST STATE GOVERNMENT EMPLOYEES HOUSING CONSTRUCTION CO-OPERATIVE SOCIETY LIMITED, SITUATED IN FRONT OF GANDADA KOTI, R.C ROAD, HASSAN - 573 201. REP. BY ITS SECRETARY SMT.PALLAVI D, UNDER CO-OPERATIVE SOCIETY ACT 1959. …PETITIONER (BY SRI. GIRISH B BALADARE, ADVOCATE) AND: 1. K.M. KUMUDINI, W/O M.N. PARAMASHIVAPPA, AGED ABOUT 67 YEARS, R/O HOUSING NO.786, SAMPIGE ROAD, K R PURAM, HASSAN- 573 201. 2. ABHIJITH P MERVE, S/O M N PARAMASHIVAPPA, AGED ABOUT 41 YEARS, R/O HOUSING NO.786, SAMPIGE ROAD, K.R PURAM, HASSAN - 573 201. 3. AKSHATHA P MEREVE D/O M N PARAMASHIVAPPA, AGED ABOUT 33 YEARS, R/O G803, NCC MADOWS 2, DODDABALLAPURA ROAD, Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3157 WP No. 31603 of 2024 YALAHANKA, BENGALURU -560 063. …RESPONDENTS (BY SRI. VIRUPAKSHAIAH P H.,ADVOCATE FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, DIRECTIONS BY QUASHING THE ANNEXURE-D I.E. ORDER DATED 08/11/2024 PASSED BY THE PRL. SENIOR CIVIL JUDGE AND CJM AT HASSAN IN OS 191/2020 IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ’B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD ORAL ORDER This petition is filed by the plaintiff under Article 227 of the Constitution of India, challenging the order dated 08.11.2024 passed by Prl.Senior Civil Judge and CJM, Hassan in O.S.No.191/2020, whereby the agreement dated 12.03.2018 is impounded under the Stamps Act, directing the office to collect the stamp duty and penalty totally in a sum of Rs.5,71,615/-. Aggrieved by that order, petitioner is before this Court. 2. The plaintiff has filed the suit for specific performance. The Court has taken suo-motu proceedings - 3 - NC: 2025:KHC:3157 WP No. 31603 of 2024 for impounding the agreement dated 12.03.2018 relied upon by the plaintiff and impounded the documents and calculated that the plaintiff has to pay stamp duty of Rs.52,475/- and penalty in total plaintiff has been ordered to pay a sum of Rs.5,71,615/-. 3. Learned counsel for the petitioner has contended that in view of judgment of Apex Court in Shakeel Pasha and Ors. Vs. M/s City Max Hotels India Pvt. Ltd in Civil Appeal No.2139-2040/2024 disposed on 12.01.2024 and judgment of this Court in W.P.No.102296/2022 disposed on 09.08.2024, the trial Court has no jurisdiction to calculate the stamp duty and collect the penalty of impounding documents. Under the Stamp Act, it is the District Registrar who has to determine the stamp duty. Further, the principles of law laid down by Apex Court in the above referred judgments has not been disputed by the respondents/defendants. 4. In view of the above the following: - 4 - NC: 2025:KHC:3157 WP No. 31603 of 2024 ORDER (i) Writ petition is allowed. (ii) The order dated 08.11.2024 passed by Prl.Senior Civil Judge and CJM, Hassan in O.S.No.191/2020 is set aside. (iii) The trial Court is directed to send the agreement dated 12.03.2018 to the District Registrar to determine the deficit stamp duty and penalty payable, upon the receipt of compliance certificate from the District Registrar. The trial Court is directed to proceed with the matter. (iv) Other than that, all objections available to the respondents is left open for consideration. Sd/- (H.T. NARENDRA PRASAD) JUDGE RR List No.: 1 Sl No.: 43