IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.43901/2019(GM-ST/RN) BETWEEN:
SMT. K. VASUNDRA, W/O LATE K.V.KRISHNA MURTHY, AGED ABOUT 79 YEARS, R/A NO.126/3, MAHANTA LAYOUT, KEMPEGOWDANAGAR, BENGALURU 560018.
...PETITIONER (BY SRI V. B. SHIVA KUMAR, ADVOCATE) AND:
1 . STATE OF KARNATAKA VIDHANA SOUDHA, VIDHANA VEEDHI, BENGALURU-560001. REP. BY ITS SECRETARY.
2 . UNDER SECRETARY TO GOVERNMENT DEPARTMENT OF REVENUE, VIKAS SOUDHA, BENGALURU-560001.
3 . DEPARTMENT OF REGISTRATION AND STAMPS OFFICE OF THE DISTRICT REGISTRAR, BASAVANAGUDI DISTRICT, 2ND FLOOR, BMTC BUS STAND, SRIVIDYANAGAR, HOSAKEREHALLI, BANASHANKARI 3RD STAGE, BENGALURU-560085.
BY THE DISTRICT REGISTRAR AND DEPUTY COMMISSIONER.
4 . THE DISTRICT REGISTRAR AND DEPUTY COMMISSIONER OF STAMPS, BASAVANAGUDI DISTRICT, 2ND FLOOR, BMTC BUS STAND, SRIVIDYANAGARA, HOSAKERHALLI, BANASHANKARI 3RD STAGE, BENGALURU-560085.
…RESPONDENTS (BY SRI SRIDHAR N HEGDE, HIGH COURT GOVERNMENT PLEADER) …… THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 8.7.2019 ISSUED BY THE R-4 DISTRICT REGISTRAR WHICH HAS BEEN PRODUCED AT ANNEXURE-A AS THE SAME IS UNJUST, ILLEGAL AND ARBITRARY AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Sridhar N. Hegde, learned High Court Government Pleader, on taking notice to the respondents, raised preliminary objection with regard to maintainability of the writ petition and contended that the petitioner has got alternative and efficacious remedy of filing an appeal under Section 53A of the Karnataka Stamp Act, 1957.
2. The submission is placed on record.
3. Sri V.B.Shivakumar, learned counsel for the petitioner does not dispute the said fact and seeks permission to withdraw the writ petition with liberty to approach the Appellate Authority as contemplated under law.
4. In view of the above, writ petition is disposed off with liberty to the petitioner to file an appeal before the Appellate Authority.
5. However, if there is any delay in filing the appeal before the Appellate Authority, it is open for the petitioner to file an application under Section 14 of the Limitation Act for exclusion of the time spent before this Court. If such an application is filed, the Appellate Authority to consider both the application and the appeal, on merits, and proceed in accordance with law.
Sd/- JUDGE kcm