M/S.TRISHUL BUILDTECH AND INFRASTRUCTURES PVT. LTD., v. THE STATE OF KARNATAKA
WP/23738/2025 · 2025-09-22
B M Shyam Prasad
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 54293 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54293 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC:38034 WP No. 23738 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 23738 OF 2025 (GM-ST/RN)
BETWEEN:
M/S.TRISHUL BUILDTECH AND INFRASTRUCTURES PVT. LTD., A COMPANY INCORPORATED UNDER THE COMPANIES ACT 1956 HAVING ITS REGISTERED OFFICE AT NO 2/55 OUTER RING ROAD OPP LUMBINI GARDEN VEERANNAPALYA NAGARAVARA BENGALURU 560045 REPRESETNED BY ITS AUTHORISED SIGNATORY MR YOGANAND M. …PETITIONER
(BY SRI. K PRASANNA SHETTY.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE
Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA
- 2 -
HC-KAR NC: 2025:KHC:38034 WP No. 23738 of 2025
VIDHANA SOUDHA BENGALURU 560001.
2.
THE DISTRICT REGISTRAR AND DEPUTY COMMISSIONER OF STAMPS NO 122/2, INFANTRY ROAD 3RD FLOOR MONARCG CHAMBERS SHIVAJI NAGAR BANGALORE KARNATAKA 560001.
3.
THE SUB REGISTAR VARTHURU B M COMPLEX 1ST FLOOR OPP DHARAMARAYA SWAMY TEMPLE MUTSANDRA ROAD VARTHUR BANGALORE 560087.
4.
SPECIAL TAHSILDAR BANGALORE EAST TALUK K R PURA BENGALURU 560036.
…RESPONDENTS (BY SRI.RAHUL CARIAPPA., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
- 3 -
HC-KAR NC: 2025:KHC:38034 WP No. 23738 of 2025
1. ISSUE A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, TO QUASH THE NOTICE DATED 17.05.2025 IN NO.M.S.C(REGISTRATION) CR/56/2023-24 ISSUED BY THE RESPONDENT NO.4 HEREIN (ANNEXURE-A); 2. ISSUE A WRIT IN THE NATURE OF CERTIORARI, OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, TO QUASH THE
ORDER DATED 01.07.2023 IN NO.S.J.N/VRT/46-A/05/2022-23/840 PASSED BY THE RESPONDENT NO.2 HEREIN (ANNEXURE-F).
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE B M SHYAM PRASAD
- 4 -
HC-KAR NC: 2025:KHC:38034 WP No. 23738 of 2025
ORAL ORDER
The petitioner is aggrieved by the second respondent's Order dated 01.07.2023 [Annexure-F]. This order is in exercise of power under Section 46[A] of the Karnataka Stamp Act, 1957 [for short, 'the Act']. Sri K Prasanna Shetty, the learned counsel for the petitioner, and Sri Rahul Cariappa, a learned Additional Government Advocate who is called upon to accept notice for the respondent, are heard on whether this Court must intervene under Article 226 of the Constitution of India.
Sri Rahul Cariappa points out that the petitioner has a remedy under Section 46[A][3] of the Act and that the petitioner should have necessarily availed such remedy. Sri K Prasanna Shetty proposes to contest the second respondent's order asserting that it is beyond the limitation that is prescribed under the Act; be the petitioner's case in this regard as it may, the petitioner has an alternative remedy
- 5 -
HC-KAR NC: 2025:KHC:38034 WP No. 23738 of 2025
under Section 46A[3] of the Act. As such, the petition stands disposed of accordingly subject to all just exceptions.
Sd/- (B M SHYAM PRASAD) JUDGE
AN/-