M MALLIKARJUNA GOUDA S/O LATE MALLESH GOUDA v. THE STATE OF KARNATAKA
WP/105074/2024 · 2025-03-11
Jyoti Mulimani
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 44848 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 44848 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4561 WP No. 105074 of 2024
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 105074 OF 2024 (GM-ST/RN) BETWEEN:
M.MALLIKARJUNA GOUDA S/O LATE MALLESH GOUDA, AGED ABOUT 53 YEARS, OCC. PROFESSOR, R/O ‘GURUSHRI’, H.NO MIG-1/47, TELAK NAGAR, BALLARI-583 101. …PETITIONER (BY SMT. SOUBHAGYA VAKKUND., ADVOCATE FOR SRI. Y.LAKSMIKANTH REDDY., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PUBLIC PROSECUTOR, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND COMMISSIONER OF STAMPS, 8TH FLOOR, KANDAYA BHAVAN, K.G.ROAD, BENGALURU-560 019. 3. DISTRICT REGISTRAR, OFFICE OF DISTRICT REGISTRAR, BALLARI DISTRICT, BALLARI-583 101. 4. SUB-REGISTRAR OFFICE, BALLARI-583 101. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1-4)
Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:4561 WP No. 105074 of 2024
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
Smt.Soubhagya Vakkund., counsel on behalf of Sri.Y.Lakshmikant Reddy., for the petitioner has appeared through video conferencing. Sri.Praveen K.Uppar., AGA for respondents 1 to 4 has appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to set aside the endorsement dated:17.11.2022 issued by the 2nd respondent in No.STP/31/2020-21 vide Annexure-G and also a Writ of Mandamus seeking direction to refund the excess stamp duty paid by the petitioner as per Annexure-B dated 30.05.2020. 3. Counsel for the respective parties urged several contentions. Heard the arguments and perused the Writ papers with care. - 3 -
NC: 2025:KHC-D:4561 WP No. 105074 of 2024
4. AGA submits that the matter is squarely covered by the order passed by the Co-ordinate bench of this Court in Writ Petition No.40903/2017 disposed of on 22.01.2025. 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.40903/2017 disposed of on 22.01.2025. The Writ of Certiorari is ordered. The endorsement dated:17.11.2022 passed by the second respondent in No.STP/31/2020-21 vide Annexure-G is quashed.
The petitioner is declared to be entitled to a refund of Rs.40,000/- (Rupees Forty Thousand only). Sd/- (JYOTI MULIMANI) JUDGE CLK List No.: 1 Sl No.: 48