This court disposed of the writ petition relying on a recent decision (R.P.No.340/2019) involving a similar subject matter. Applying the principle of parity, the court dismissed the petition and directed the petitioner to pay the deficit stamp duty and penalty within four months.
Petitioner granted four months to pay the deficit stamp duty and penalty.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 14th DAY OF SEPTEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.3149 OF 2021(GM-CPC)
BETWEEN:
SRI. K RAVINDRA REDDY, S/O A K VENKATA REDDY, AGED ABOUT 40 YEARS, RESIDING AT NO.910, 3RD SECTOR, H S R LAYOUT, BENGALURU-560 103.
… PETITIONER
(BY SRI. RAJKUMAR G, ADVOCATE)
AND:
… RESPONDENTS (BY SRI.G R VENKATESH MURTHY, ADVOCATE FOR R1;
2
SRI.V. SRINIVAS, ADVOCATE FOR R2 & R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 09.06.2020 PASSED BY THE HONBLE CITY CIVIL JUDGE, BANGALORE (CCH-39) IN O.S.NO.6187/2013 VIDE ANNEXURE-A AND DIRECTING THE PETITIONER TO PAY IN ALL TOTAL DUTY AND PENALTY OF RS.18,54,050/- ON THE AGREEMENT OF SALE DATED 14.08.2008.
THIS PETITION HAVING BEEN HEARD AND RESERVED FOR ORDER, THIS DAY, THE COURT PRONOUNCED THE FOLLOWING:
ORDER
The subject matter of this Writ Petition is substantially covered by the decision in R.P.No.340/2019 between Seetharama Shetty Vs. Mr.Monappa Shetty, disposed off by this court today i.e., 14.9.2021; therefore, the fate with which the said Review Petition met, is the fate with which this case too has to meet, on the principle of parity, no repugnant circumstance having been pointed out.
Accordingly, with the same terms, this Writ Petition is also disposed off granting a period of four months to the petitioner to pay the deficit stamp duty & the penalty in terms of impugned order.
Sd/JUDGE
Snb/cbc
3 issues framed by the court
Whether the writ petition challenging an order directing payment of stamp duty and penalty should be allowed.
Whether the principle of parity applies based on a recent decision disposing of a similar matter.
Whether the petitioner is directed to pay the deficit stamp duty and penalty.
Colour shows how this judgement treated each authority
Seetharama Shetty Vs. Mr.Monappa ShettyFollowed¶21
R.P.No.340/2019 between Seetharama Shetty Vs. Mr.Monappa Shetty
SRI. K RAVINDRA REDDY
SRI. MATAMA REDDY
SRI. R BALARAJ
SMT. B VEENA
KRISHNA S.DIXIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court