IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NO.27472 OF 2016 (GM-ST/RN) BETWEEN:
M/S THE SANDUR MANGANESE IRON ORES LIMITED HAVING ITS REGISTERED OFFICE AT LAKSHMIPUR SANDUR - 583119 BALLARI DISTRICT AND CORPORATE OFFICE AT NO 1 A ‘REDIFICE SIGNATURE’ NO 6, HOSPITAL ROAD SHIVAJINAGAR, BANGALORE - 560001 REPRESENTED BY ITS COMPANY SECRETARY & CHIEF GENERAL MANAGER (MINES) MR MD ABDUL SALEEM S/O ABDUL HEY AGED 42 YEARS. … PETITIONER (By Mr. K SHASHIKIRAN SHETTY SR. COUNSEL A/W Mr. RISHIKESH MADHAV ADV.,) AND:
1. GOVERNMENT OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY DEPARTMENT OF FORESTS ECOLOGY & ENVIRONMENT VIDHANA SOUDHA VIDHANA VEEDHI BANGALORE – 560001.
2. THE SECRETARY REVENUE DEPARTMENT (STAMPS & REGISTRATION) MULTI STORIED BUILDING BANGALORE – 560001.
3. INSPECTOR GENERLA OF REGISTRATION AND COMMISSIONER OF STAMPS, 8TH FLOOR, KANDAYA BHAVAN K G ROAD, BANGALORE – 560001.
4. DEPUTY CONSERVATOR OF FORESTS ITI COLLEGE ROAD, AISHWARYA COLONY CANTONMENT, BALLARI – 583104.
5. DISTRICT REGISTRAR DISTRICT SUB REGISTRAR OFFICE STATION ROAD, BSNL COLONY, COWL BAZAAR BALLARI – 583101.
6. SUB- REGISTRAR PALACE ROAD, SANDUR - 583119 BALLARI DISTRICT. … RESPONDENTS (By Mr. V SHIVAREDDY HCGP) - - -
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE LETTER OF R-6 BEARING LETTER DATED 11.02.2016 AT ANNEX-A REJECTING THE APPLICATION FILED BY THE PETITIONER FOR RELEASE OF IMPOUNDED LEASE AGREEMENTS BEARING DOCUMENT NOS.03/2010-11 AND 04/2010-11 (PENDING NOS.P- 133/2010-11, AND P-134/2010-11 DATED 29.09.2010 AT ANNEX- B &C; AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Mr.K.Shashikiran Shetty along with Mr.Rishikesh Madhav, learned counsel for the petitioner.
Mr.V.Shivareddy, learned High Court Government Pleader for the respondents.
3. In this petition, Learned Senior Counsel for the petitioner has prayed for the following reliefs:
a) To issue a Writ of certiorari, or such other appropriate writ or order or direction, quashing the letter of 6th Respondent, bearing Letter No.STP/01/2009-10 dated 11.02.2016 Annexure-“A” rejecting the application filed by the Petitioner for release of impounded Lease Agreements bearing Document Nos.03/2010-11 and 04/2010-11 (Pending Nos.P-133/2010-11 and P- 134/2010-11) dated 29.09.2010 (ANNEXURE- B & C).
b) To issue a Writ Mandamus, or such other appropriate writ or order or direction, directing the Respondent No.6 to release the documents impounded bearing Nos.03/2010-11 and 04.2010-11 (Pending Nos.P-133/2010-11 and P- 134/2010-11) respectively immediately, duly registered (ANNEXURES-B&C).
c) To issue a Writ, or such other appropriate order or direction, declaring the action of the Respondent Authority in not releasing the documents bearing Document Nos.03/2010-11 and 04/2010-11 (Pending Nos.P-133/2010-11 and P- 134/2010-11) dated 29.09.2010 impounded by Respondent No.6 at (ANNEXURES-B&C) as highly arbitrary and illegal.
d) To issue a Writ, or such other appropriate order or direction, declaring the action of the Respondent in not releasing the impounded document Nos.03/2010-
11 and 04/2010-11 (Pending Nos.P- 133/2010-11 and P-134/2010-11) as contrary to the order dated 26-08- 2013 passed by the Hon’ble Supreme court of India in IA Nos.2674- 2677/2009 in Writ Petition (Civil) No.202/1995 (ANNEXURE’R’).
e) To pass such other and further consequential relief/s as the Hon’ble Court may deem fit in the facts and circumstances of the case.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the issue involved in the instance petition is squarely covered by the order dated 26.08.2013 passed in W.P.No.202/1995 in I.A.Nos.2674-2677. The aforesaid submission is opposed by the learned Government Advocate.
5. From perusal of the aforesaid order, it is evident that the Supreme Court has held as follows:
“We have heard learned counsel for the parties and we allow the prayer made in the applications. The State Government will not claim stamp duty and registration charges on Net Present Value (NPV) from the applicant in the present case.”
6. In view of the aforesaid direction issued by the Supreme Court, the respondents are directed to release the impounded lease agreement dated 29.09.2010 contained in Anenxures B & C shall duly register and release it within two weeks.
Accordingly, the petition is disposed of.
Sd/- JUDGE SS