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2026 DAILYLAW 34527 (KAR)

SMT. SAVITHA PAI v. THE REGIONAL COMMISSIONER

WP/23239/2026 · 2026-08-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010508882026 NC: 2026:KHC:40488 WP No. 23239 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 23239 OF 2026 (GM-ST/RN) BETWEEN: 1. SMT. SAVITHA PAI AGED ABOUT 51 YEARS W/O SRI. T. ARVIND PAI RESIDING AT APARTMENT NO. 5143 TOWER-5, PRESTIGE SOUTH RIDGE NO. 125, HOSAKEREHALLI 3RD STAGE, BANASHANKARI BENGALURU - 560 085 … PETITIONER (BY SRI. SHRIKARA P K., ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER BENGALURU DIVISION 2ND FLOOR, BMTC BUILDING KH ROAD, SHANTHINAGAR BENGALURU - 560 027 2. THE DEPUTY COMMISSIONER AND DISTRICT REGISTRAR OF STAMPS SHIVAJINAGAR REGISTRATION DISTRICT, 4TH FLOOR, 'MONARCH CHAMBERS' NO.122/2, INFANTRY ROAD, BENGALURU-560 001. 3. THE SUB-REGISTRAR SHIVAJINAGAR NO.122/2, INFANTRY ROAD, BENGALURU-560 001 … RESPONDENTS (BY SRI. SHAMANT NAIK, AGA) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010508882026 NC: 2026:KHC:40488 WP No. 23239 of 2026 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OF THE LIKE NATURE DIRECTING RESPONDENT NOS. 1, 2 AND 3 TO FORTHWITH REFUND TO THE PETITIONER THE TOTAL SUM OF RS. 15,74,100/- (COMPRISING STAMP DUTY OF RS. 12,16,350/-, CESS OF RS. 1,19,250/- AND REGISTRATION FEE OF RS. 2,38,500/-) TOGETHER WITH INTEREST AT THE RATE OF 12% PER ANNUM FROM 29.01.2022 TILL THE DATE OF ACTUAL REPAYMENT AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Learned AGA accepts notice for respondents. 2. The petitioner is before this Court seeking for the following reliefs: (i) Issue Writ of Mandamus or any other appropriate writ or order of the like nature directing Respondent Nos.1, 2 and 3 to forthwith refund to the petitioner the total sum of Rs.15,74,100/- (comprising stamp duty of Rs.12,16,350/-) cess of Rs.1,19,250/- and registration fee of Rs.2,38,500/- together with interest at the rate of 12% per annum from 29.01.2022 till the date of actual repayment; (ii) Award cost of the Petition; (iii) Pass such other order as this Hon'ble High Court may deem fit in th facts and circumstances of the case, in the interest of justice and equity. - 3 - HC-KAR CNR: KAHC010508882026 NC: 2026:KHC:40488 WP No. 23239 of 2026 3. The grievance of the Petitioner is that the direction issued by a Co-ordinate Bench of this Court on 09.02.2026 in W.P.No.15790/2022 had not been complied with by respondent No.2 which resulted in the Petitioner submitting two representations on 13.04.2026 at Annexure-B and on 12.06.2026 at Annexure-C, despite which no orders have been passed by the respondents till date. 4. This Court vide order dated 09.02.2026 W.P.No.15790/2022 hadw remanded the matter to respondent No.2, who was directed to take into consideration the terms of the lease and pass the reasoned order as to if there are any covenants of the lease, which cast/impose restriction on the usage of property ultimately effecting the market value of the property and thereafter determine the market value of the property. Despite which and despite the representations submitted, the said action has not been taken by respondent No.2. - 4 - HC-KAR CNR: KAHC010508882026 NC: 2026:KHC:40488 WP No. 23239 of 2026 5. In that view of the matter, this Court passes the following: ORDER i) Writ petition is partly allowed. ii) Mandamus is issued directing respondent No.2 to comply with the directions issued on 09.02.2026 in W.P.No.15790/2022 and pass orders on the representations dated 13.04.2026 and 12.06.2026 at Annexure-B and C respectively within a period of 30 days from the date of receipt of the copy of this order. iii) It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner and the same would have to be considered in terms of the directions issued by the Co-ordinate Bench of this Court in W.P.No.15790/2022. Sd/- (SURAJ GOVINDARAJ) JUDGE KTY/List No.: 1 Sl No.: 43