Disposed

Smt Jayanthi v. State of Karnataka

Karnataka HC13 Nov 2024WP/14161/2024

Case brief

AI extract

What is this about?

This writ petition challenged the registration of a gift deed where stamp duty was levied under Section 28(b) of the Karnataka Stamp Act despite the son-in-law not falling within its scope. The Court directed respondents to consider the petitioner's representations within three months.

What did the court decide?

Directed respondent Nos. 1 and 2 to consider representations dated 15.11.2022 within three months.

Smt Jayanthi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2024)

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NC: 2024:KHC:45965 WP No. 14161 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 14161 OF 2024 (GM-RES)

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BETWEEN:

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SMT JAYANTHI W/O LATE J.M.CHANDRAPPA AGED ABOUT 52 YEARS R/AT NO.867, D BlOCK SAHAKARA NAGAR BANGALORE-560 092 …PETITIONER

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(BY SRI. CHOKKAREDDY., ADV.)

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AND:

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STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S.BUILDING AMBEDKAR VEEDHI BANGALORE-560 001

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Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA

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INSPECTOR GENERAL OF STAMP AND REGISTRATION, 8^TH FLOOR KANDHAYA BHAVAN, K.G.ROAD BANGALORE-560 009

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DEPUTY REGISTER GANDHI NAGARA NO.3H4G PLUS F7Q 3^RD CROSS., NEAR BALBORI GANAPATHI TEMPE, TATA NAGARA KODIGENAHALLI VILLAGE BANGALORE-560 022.

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NC: 2024:KHC:45965 WP No. 14161 of 2024

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4. SUB-REGISTRAR-GANDHI NAGARA (HEBBAL) CHOLANAYAKANAHALLI MAIN ROAD BANGALORE-560 094 …RESPONDENTS

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(BY SRI.NAVEEN CHANDRASHEKAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTION R1 AND R2 CONSIDER ANNEXURE-A AND A1 DATED 15/11/2022 FILED BY THE PETITIONER, BY ALLOWING THE WP.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner asserts that she was the owner of the subject property, which she conveyed to her son-in-law through a registered Gift Deed dated 07.03.2022. However, although the son-in-law does not fall within the scope of Section 28(b) of the Karnataka Stamp Act, 1957 (hereinafter referred to as ‘the Act’), the Sub-Registrar concerned registered the document by collecting stamp duty and registration charges in accordance with Section 28(b) of the Act. Consequently, the petitioner submitted representations dated 15.11.2022, marked as Annexures-A and A1, to respondent Nos. 1 and 2, seeking action against the SubRegistrar, Gandhinagar, for dereliction of duty.

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The grievance of the petitioner is that her representations have not been considered.

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NC: 2024:KHC:45965 WP No. 14161 of 2024

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The learned Additional Government Advocate (AGA), upon receiving instructions, submits that the representations submitted by the petitioner will be considered in accordance with the law.

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Therefore, it is appropriate to dispose of the petition by directing respondent Nos. 1 and 2 to consider the representations dated 15.11.2022 submitted by the petitioner, as per Annexures-A and A1, within a period of three months from the date of receipt of a copy of this order.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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Smt Jayanthi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Jayanthi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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