- 1 - HC-KAR NC: 2025:KHC:29495 WP No. 19438 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 19438 OF 2024 (GM-RES) BETWEEN: SMT KALAVATHAMMA AGED ABOUT 53 YEARS, W/O SRI NARASAPPA, R/AT SADALI VILLAGE, SIDLAGHATTA TALUK, CHIKBALLAPURA DISTRICT - 562104. …PETITIONER (BY SRI.VACHANA N.V., ADVOCATE) AND: 1. THE DISTRICT REGISTRAR GANDHINAGAR REGISTRATION DISTRICT, TATANAGAR, BENGALURU - 92. 2. THE SUB-REGISTRAR, GANDHINAGAR REGISTRATION DISTRICT, TATANAGAR, BENGALURU - 92. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO Digitally signed by VANAMALA N Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:29495 WP No. 19438 of 2024 DIRECT THE RESPONDENT AUTHORITY TO RE- EVALUATE THE MARKET VALUE OF THE PROPERTY IN QUESTION BY CONSIDERING THE REPRESENTATION / OBJECTION / REPLY WHICH IS IN ANNEXURE-E DATED 01.04.2024 ALL RELEVANT FACTS, INCLUDING THE PROPERTY AGE, CONDITION, AND RECENT COMPARABLE SALES, AND TO ADJUST THE STAMP DUTY ASSESSMENT ACCORDINGLY; RELEASE OF SALE DEED DIRECT THE SUB-REGISTRAR, GANDHINAGAR SUB REGISTRAR OFFICE, TO RELEASE THE ORIGINAL SALE DEED DATED 13.03.2024 WHICH IS IN ANNEXURE-B PERTAINING TO THE PROPERTY IN QUESTION, ALLWOING THE PETITIONER TO COMPLETE NECESSARY RENOVATIONS AND SECURE FINANCIAL LOANS AS STATED. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD - 3 - HC-KAR NC: 2025:KHC:29495 WP No. 19438 of 2024 ORAL ORDER The petitioner is aggrieved by an order under Section 45A of the Karnataka Stamps Act, 1957 [for short, 'Stamps Act'] and has sought for following reliefs: "a. Direct the Respondent Authorities to re-evaluate the market value of the property in question by considering the representation/objection/reply which is in Annexure-E dated 01.04.2024 all relevant factors, including the property's age, condition, and recent comparable sales, and to adjust the stamp duty assessment accordingly. b. Release of Sale Deed: Direct the Sub-Registrar, Gandhinagar Sub-Registrar Office, to release the original sale deed dated 13.03.2024 which is in Annexure-B pertaining to the property in question, allowing the Petitioner to complete necessary renovations and secure financial loans as stated." Sri Shamanth Naik, a learned High Court Government Pleader, who appears for the - 4 - HC-KAR NC: 2025:KHC:29495 WP No. 19438 of 2024 respondent, is formidable in contending that given the facts asserted by the petitioner, the petitioner should have availed the appellate remedy under Section 45A[5] of the Act. The petition, therefore, must be disposed of, but without prejudice to the petitioner to avail such remedy while also observing that the petitioner must have the advantage of exclusion of the time spent in prosecuting this petition. The petition stands disposed of accordingly. Sd/- (B M SHYAM PRASAD) JUDGE AN/-