- 1 - HC-KAR NC: 2025:KHC-D:16393 WP No. 100394 of 2024 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 100394 OF 2024 (GM-CPC) BETWEEN: SRI. KICHADI NAGARAJ S/O KICHIDI KAMAKSHAMMA, AGE. 62 YEARS, OCC. AGRICULTURE, R/O. CHITRAKERI, 26TH WARD, OPP. BHUPAL GENERAL STORES LINE, HOSPETE, TQ. HOSPETE, DIST. BALLARI. … PETITIONER (BY SRI. SHARNAPPA S. KOLIWAD, ADVOCATE) AND: S. UDAYAKUMAR S/O S.S. JAMBANNA, AGE. 51 YEARS, OCC. AGRICULTURE, R/O. IPPITHERI MAGANIK, TQ. HOSPETE, DIST. BALLARI. … RESPONDENT (BY SRI. SATISH M.S., ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUED THE WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY IN THE COURT OF THE III ADDL. CIVIL JUDGE AND JMFC AT: HOSAPETE, PASSED ON IA NO.III IN O.S. NO.19/2018 DATED 26-06-2023 AS ANNEXURE-H AND THE DISCRETIONARY POWER TO DECIDE THE AMOUNT OF DUTY AND PENALTY. THAT, THE COURT BE TO FIX THE PENALTY TO AN EXTENT OF TWO OR THREE TIMES AND PETITIONER IS READY TO PAY THE DEFICIT STAMP DUTY ON THE SAID DOCUMENTS. NO PREJUDICE WILL BE CAUSED TO THE OTHER SIDE IF APPLICATIONS IS ALLOWED, ON CONTRARY PETITIONER WILL PUT GREAT HARDSHIP, HENCE MODIFIED THE ORDER DATED 06-10-2023 VIDE ANNEXURE-J. CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench Date: 2025.11.28 11:58:26 +0530 - 2 - HC-KAR NC: 2025:KHC-D:16393 WP No. 100394 of 2024 THIS PETITION COMING ON FOR DICTATING ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) Heard the learned counsel for the petitioner and the learned counsel for the respondent. 2. The petitioner has assailed the order dated 26.06.2023 of the III Additional Civil Judge, Hosapete imposing penalty and stamp duty on the document marked at Annexure-C which is admittedly not sufficiently stamped and possession is said to have been delivered to the plaintiff. The stamp duty is calculated by the District Registrar of Stamps. 3. Under these circumstances, this Court does not find any reason to interfere with the order passed by the Trial Court as the document is admittedly unstamped and objections are raised while marking the said document. Accordingly, the petition is dismissed. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS/CT:BCK/LIST NO.: 1 SL NO.: 42