Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 48784 (KAR)

VASAVADATTA CEMENT v. STATE OF KARNATAKA BY ITS CHIEF SECRETARY

WP/45716/2003 · 2025-09-16

C M Joshi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C M JOSHI WRIT PETITION NO. 45716 OF 2003 (GM-MM-S) C/W WRIT PETITION NO. 7227 OF 2005 (GM-MM-S) WRIT PETITION NO. 14720 OF 2010 (GM-MM-S) IN WP No. 45716/2003 BETWEEN: 1. VASAVADATTA CEMENT A UNIT OF KESORAM INDUSTRIES LIMITED LAKSHMINARAYANA NAGAR TALUK: SEDAM DISTRICT: GULBARGA REP. BY ITS JOINT PRESIDENT SRI P.R. SHARMA …PETITIONER (BY SRI MUKUND PRASAD, ADVOCATE & SRI SANTHOSH KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF REVENUE Digitally signed by AMBIKA H B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 VIDHANA SOUDHA BANGALORE - 560 001 3. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF INDUSTRIES AND COMMERCE M.S. BUILDINGS, BANGALORE - 560 001 4. THE DIRECTOR OF MINES & GEOLOGY DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001 5. INSPECTOR GENERAL OF REGISTRATION & COMMISSIONER OF STAMPS 7TH FLOOR, CAUVERY BHAVAN K.G. ROAD, BANGALORE - 560 009 6. SUB-REGISTRAR SEDAM - 585 222 GULBARGA DIST …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER DECLARING THAT PROVISO (a) TO SECTION 27 OF THE KARNATAKA STAMP ACT 1957 AS UNCONSTITUTIONAL AND CONSEQUENTLY THE CIRCULAR BEARING No.CI 205 MG5 86 DATED 13-9-1990 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-J AND CIRCULAR BEARING No. DMG/GAML/91 DATED 25-1-1991 ISSUED BY 4TH RESPONDENT VIDE ANNEXURE-J1 UNENFORCEABLE AS AGAINST THE PETITIONERS & ETC. IN WP NO. 7227/2005 BETWEEN: 1. M/S KESORAM INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 HAVING REGISTERED OFFICE AT NO.9/1 - 3 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 R.N. MUKHERJEE ROAD KOLKATA - 700 001, WEST BENGAL REP. BY ITS JOINT PRESIDENT SRI P.R. SHARMA ...PETITIONER (BY SRI MUKUNMD PRASAD, ADVOCATE & SRI SANTHOSH KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF REVENUE VIDHANA SOUDHA BANGALORE - 560 001 3. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF INDUSTRIES AND COMMERCE M.S. BUILDINGS BANGALORE - 560 001 4. THE DIRECTOR OF MINES & GEOLOGY DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001 5. INSPECTOR GENERAL OF REGISTRATION & COMMISSIONER OF STAMPS 7TH FLOOR, CAUVERY BHAVAN K.G. ROAD, BANGALORE - 560 009 6. SUB-REGISTRAR SEDAM - 585 222 GULBARGA DIST ...RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) - 4 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER DECLARING THAT PROVISO (a) TO SECTION 27 OF THE KARNATAKA STAMP ACT 1957 AS UNCONSTITUTIONAL AND CONSEQUENTLY THE CIRCULAR BEARING No.CI 205 MG5 86 DATED 13-9-1990 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-K AND CIRCULAR BEARING No. DMG/GAML/91 DATED 25-1-1991 ISSUED BY 4TH RESPONDENT VIDE ANNEXURE-K1 ARE UNENFORCEABLE AS AGAINST THE PETITIONERS & ETC. IN WP NO. 14720/2010 BETWEEN: 1. KESORAM INDUSTRIES LIMITED A COMPANY INCORPORATED UNDER THE PROVISIONS OF THE COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT NO. 9/1 R.N. MUKHERJEE ROAD, KOLKATA AND HAVING ITS UNIT AT VASAVADATTA CEMENT LAKSHMINARAYAN NAGAR SEDAM - 585 222 GULBARGA DISTRICT REPRESENTED BY ITS JOINT PRESIDENT MR. P.R. SHARMA ...PETITIONER (BY SRI MUKUNMD PRASAD, ADVOCATE & SRI SANTHOSH KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BANGALORE - 560 001 2. STATE OF KARNATAKA BY ITS SECRETARY DEPT. OF REVENUE - 5 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 VIDHANA SOUDHA BANGALORE - 560 001 3. STATE OF KARNATAKA REP. BY ITS SECRETARY DEPT. OF INDUSTRIES AND COMMERCE M.S. BUILDINGS BANGALORE - 560 001 4. THE DIRECTOR OF MINES & GEOLOGY DEPT. OF MINES & GEOLOGY KHANIJA BHAVAN RACE COURSE ROAD BANGALORE - 560 001 5. INSPECTOR GENERAL OF REGISTRATION & COMMISSIONER OF STAMPS 7TH FLOOR, CAUVERY BHAVAN K.G. ROAD, BANGALORE - 560 001 6. THE SUB-REGISTRAR MINI VIDANA SOUDHA SEDAM, GULBARGA DISTRICT - 585 222 ...RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT OR ORDER QUASHING DECLARING THAT PROVISO (a) TO SECTION 27 OF THE KARNATAKA STAMP ACT 1957 AS UNCONSTITUTIONAL AND CONSEQUENTLY THE CIRCULAR BEARING No.CI 205 MG5 86 DATED 13-9-1990 ISSUED BY 3RD RESPONDENT VIDE ANNEXURE-E AND CIRCULAR BEARING No. DMG/GAML/91 DATED 25-1-1991 ISSUED BY 4TH RESPONDENT VIDE ANNEXURE-F UNENFORCEABLE IN SO FAR AS THE PETITIONER IS CONCERNED & ETC. THESE WRIT PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C M JOSHI ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. I.A No.1/2025 in these petitions are the applications seeking for amendment of the cause title as it is stated that the petitioners in the present petitions stand merged with M/s UltraTech Cement Limited. 2. For the reasons stated in the applications, the same are allowed. 3. The learned counsel appearing for the petitioners seeks to withdraw the present petitions. 4. The petitions are dismissed as withdrawn. 5. All pending applications are also disposed of. 6. Mr.Srinivas Murthy, learned counsel states that he was earlier engaged as a counsel for the petitioners. He informs that applications are filed seeking discharge of the erstwhile - 7 - HC-KAR NC: 2025:KHC:36710-DB WP No. 45716 of 2003 C/W WP No. 7227 of 2005 WP No. 14720 of 2010 advocate. He states that there is a grave misconduct on the part of the advocates, who have now filed vakalthnama. He, however, confirms that the petitioners seek to withdraw these petitions. 7. In the aforesaid circumstances, we clarify that this order will not preclude Mr. Murthy from availing of such remedies on account of misconduct as may otherwise be available to him in law. We also clarify that nothing stated in this order should be construed as an expression of opinion on the allegations made by Mr. Murthy. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C M JOSHI) JUDGE AHB List No.: 1 Sl No.: 10