- 1 - HC-KAR NC: 2025:KHC:29045 WP No. 31376 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 31376 OF 2024 (GM-CPC) BETWEEN: SRI. H.C.KRISHNAPPA S/O. LATE CHIKKAMUTHANNA, AGED ABOUT 80 YEARS, RESIDING AT VINAYAKA NAGAR, HESARAGHATTA VILLAGE, HESARAGHATTA HOBLI, BENGALURU NORTH TALUK, BENGALURU DISTRICT-560 088. …PETITIONER (BY SRI. RAJESWARA.P.N., ADVOCATE) AND: SRI. SOMASHEKAR.G S/O. LATE GANGAPPA, AGED ABOUT 47 YEARS, RESIDING AT VADERAHALLI VILLAGE, MATHAHALLI POST, DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. …RESPONDENT (NOTICE TO RESPONDENT-DISPENSED WITH V/O DATED:28.07.2025) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, AN ORDER IS MADE AS UNDER: Digitally signed by THEJAS KUMAR N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29045 WP No. 31376 of 2024 ORAL ORDER Sri.Rajeswara.P.N., counsel for the petitioner and Smt.Rashmi Rao., HCGP have appeared in person. 2. The short facts are stated as under: The plaintiff is the owner of the agricultural property bearing Sy.No.295/1, measuring 01 Acre 20 Guntas situated at Hesarughatta Village and Hobli, Yelahanka, Bengaluru. On 04.06.2012, the plaintiff sold the property to the defendant for a sale consideration of Rs.45,00,000/- and the defendant paid the amount in the form of three post dated Cheques. It is said that only one Cheque was honored by the defendant and the other two were dishonored for the reason that the payment was stopped by drawer. The plaintiff filed a suit on the file of Senior Civil Judge, Bengaluru Rural District, Bengaluru in O.S.No.1422/2012 seeking cancellation of sale deed dated 04.06.2012 and for other reliefs. By inadvertence, the suit was valued under Section 24(a) R/w. Section 38 and 26(c) of the Karnataka Court Fees and Suit Valuation Act, 1958 and paid Court fee of Rs.1,89,675/-. The Trial Court vide order dated 10.01.2022 dismissed the suit as not maintainable, however, directed the - 3 - HC-KAR NC: 2025:KHC:29045 WP No. 31376 of 2024 defendant to refund Rs.30,00,000/- with interest @ 24% per annum. The plaintiff filed an appeal before this Court questioning the order of the Trial Court in RFA No.155/2022 and the Court fee of Rs.50/- was paid. As things stood thus, the plaintiff filed an application under Section 67 of the KCF and SV Act, seeking refund of the excess Court fee which was paid by him. The Trial Court vide order dated 04.03.2023 rejected the application. Under these circumstances, the petitioner has filed the Writ Petition under Article 227 of the Constitution of India on several grounds as setout in the Memorandum of Writ Petition. 3. Counsel for the petitioner urged several contentions. HCGP assisted the Court. Heard the arguments and perused the Writ papers with utmost care. 4. The facts are sufficiently said and do not require reiteration. The issue falls within a narrow compass and relates to the decline to refund the excess Court fee. Suffice it to note that the suit property is an agricultural land and the plaintiff ought to have paid the same under Section 7(2)(a) of the Act and not under Section 38 of the Act. The Trial Court rejected the request of the plaintiff solely on the ground that the plaintiff - 4 - HC-KAR NC: 2025:KHC:29045 WP No. 31376 of 2024 has properly valued the Court fee. The reason is unsustainable in law. As already noted above, the schedule property is an agricultural land. Therefore, the Trial Court was required to consider the correct valuation of the property as per the KCF & SV Act. Moreover, the land revenue payable is based on the value of the land (3.65 x 25 = 91.25). The Trial Court has failed to have regard to the relevant considerations and disregard relevant matters. The Order of the Trial Court is liable to be set-aside. 5. The Writ of Certiorari is ordered. The order dated 04.03.2023 passed by the IV Addl. Senior Civil Judge, Bengaluru Rural District, Bengaluru on application filed under Section 67 of the KCF and SV Act, 1958 vide Annexure-A is quashed and the application dated 13.04.2022 filed by the plaintiff is allowed. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE TKN List No.: 1 Sl No.: 41