Disposed

Sri K G Krishna v. District Registrar

Karnataka HC18 Dec 2024WP/34158/2024

Case brief

AI extract

What is this about?

A petitioner sought release of a pending registered sale deed withheld over disputed stamp duty. The AGA confirmed the deed would be released on payment of additional stamp duty and charges ordered by the District Registrar; the court disposed of the petition directing the Sub Registrar to release the deed within two weeks of deposit.

What did the court decide?

Release of registered sale deed No. P3867/2021-22 by accepting additional stamp duty and registration charges per District Registrar order dated 12.07.2023.

Sri K G Krishna Vs District Registrar — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:52520 WP No. 34158 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF DECEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 34158 OF 2024 (GM-ST/RN)

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BETWEEN:

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SRI. K.G. KRISHNA,

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SON OF LATE GULIGOWDA, AGED ABOUT 50 YEARS, RESIDING AT KAMPLAPURA VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT.

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…PETITIONER

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(BY SRI. NAVEED AHMED, ADVOCATE)

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AND:

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DISTRICT REGISTRAR, JAYANAGARA DISTRICT REGISTRAR, JAYANAGARA, BANGALORE - 560 011.

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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SENIOR SUB REGISTRAR, JAYANAGARA (RAJARAJESHWARI NAGARA) BENGALURU - 560 098.

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…RESPONDENTS

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(BY SRI. NAVEEN CHANDRASHEKAR, AGA)

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THIS W.P. IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO RELEASE/REGISTER THE PENDING DOCUMENT NO. P-3867/202122 DATED 09.09.2021 AT ANNX-A BY ACCEPTING THE ADDL. STAMP DUTY AND REGISTRATION FEE AS ORDERED BY R-1 BY ORDER DATED 12.07.2023 AT ANNX-B AND E

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

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NC: 2024:KHC:52520 WP No. 34158 of 2024

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The petitioner, being a purchaser, presented a sale deed dated 09.09.2021 before Respondent No.2 for the registration of the property bearing Survey No. 43, measuring 10 acres, situated at Khambipura Village, Kengeri Hobli, Bengaluru, and duly paid the applicable stamp duty. However, at the time of releasing the registered sale deed, Respondent No.2 raised a dispute regarding the quantum of stamp duty and registration fee payable. Consequently, the matter was referred to the District Registrar, i.e., Respondent No.1, for adjudication.

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Respondent No.1 adjudicated the matter and directed the petitioner to pay an additional stamp duty of Rs.64,25,000/- and registration charges of Rs.13,50,000/-, amounting to a total sum of Rs.77,75,000/-.

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The petitioner states that the pending status of the documents is reflected in the Kaveri 2.0 software and that Respondent No.2 is refusing to accept the payment required for the release of the registered sale deed. Hence, the petitioner has filed this writ petition.

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The learned Additional Government Advocate (AGA), upon securing instructions, submitted that the registered sale deed will be released to the petitioner in

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NC: 2024:KHC:52520 WP No. 34158 of 2024

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accordance with the law, subject to the payment of the additional stamp duty and registration charges as directed by Respondent No.1.

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5. Hence, I pass the following:

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ORDER

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i. The writ petition is disposed of;

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ii. Respondent No.2 is hereby directed to release the registered sale deed bearing No.P3867/2021-22, dated 09.09.2021 by accepting the additional stamp duty and registration charges as ordered by respondent No.1 dated 12.07.2023 vide Annexure-B subject to no further proceedings are pending;

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iii. The said exercise shall be completed within a period of two weeks from the date of deposit of additional stamp duty and registration charges.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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HDK

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List No.: 1 Sl No.: 50 CT: BHK

Sri K G Krishna v. District Registrar

Case brief

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Sri K G Krishna v. District Registrar

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