IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR. JUSTICE B. VEERAPPA WRIT PETITION No.50481/2019(GM-ST/RN) BETWEEN:
SRI A. N. NAGARAJAIAH S/O LATE ACHGAL NANJUNDAIAH AGED ABOUT 64 YEARS, R/AT NO.10-89, NEW STREET, KOLLEGALA TOWN-571440 CHAMARAJANAGRA DISTRICT.
...PETITIONER (BY SRI RAJASHEKHARAPPA, D. R., ADVOCATE) AND:
1 . THE DISTRICT REGISTRAR ROOM NO.216, 2ND FLOOR, DEPUTY COMMISSIONERS OFFICE BUILDING, CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA TOWN-571313 2 . SRI B.ARAVIND S/O BALAKRISHNA AGED ABOUT 45 YEARS, R/AT NO.7/478, 2ND CROSS, SOUTHERN EXTENSION, KOLLEGALA TOWN-571440.
CHAMARAJANAGARA DISTRICT.
3. REGISTRAR GENERAL AND COMMISSIONER OF STAMPS AND CHIEF CONTROLLING REVENUE AUTHORITY, 8TH FLOOR, KANDAYA BHAVANA, K.G. ROAD, BANGALORE-560009.
…RESPONDENTS (BY SRI SRIDHAR N. HEGDE, HCGP FOR R1 & R3;
VIDE ORDER DATED 25.11.2019 SERVICE OF NOTICE ON R2 IS DISPENSED WITH) … THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT 1 TO DISPOSE OF THE MATTER PENDING BEFORE HIM ON HIS FILE, VIDE ANNEXURE-C AND FURTHER DIRECT THE R-1 TO COMPLY WITH THE ORDER DATED 03.11.2018 MADE BY THE CHIEF CONTROLLING AUTHORITY, VIDE ANNEXURE-D TO THE WRIT PETITION.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed seeking a writ of mandamus directing the 1st respondent to dispose of the matter pending before him in Case No.Mudranka:06/2015-16 on his file, vide Annexure-C and further direct the 1st respondent to comply with the order dated 3.11.2018 made by the Chief Controlling Authority in Case No.S.A.P./08/2017-18, Annexure-D to the writ petition.
2. When the matter had come up before this Court on 18.11.2019, a letter dated 26.12.2018 was produced before this Court by the learned HCGP wherein the District Registrar has stated that it is not possible to reconsider the matter, which prima facie indicates disobedience of the order passed by the Chief Controlling Revenue Authority dated 3.11.2018. It was also observed that if the District Registrar is not happy with the order passed by the Chief Controlling Revenue Authority, he can only approach the higher authority, but not to disobey the order. Accordingly, the 1st respondent was directed to be present before the Court to explain as to how he addressed the letter dated 26.12.2018 disobeying the order passed by the Chief Controlling Revenue Authority, who is the highest authority and that is how the matter is posted today.
3. Smt. L.J. Hamsaveni, District Registrar, Chamarajanagara District, who is present before the Court, has filed an affidavit dated 25.11.2019 wherein at paragraphs 3 and 4 it is specifically stated as under:
“3. I state that on 03.11.2018, the Chief Controlling Revenue Authority passed an order setting aside the order dated 25.05.2017 passed by the District Registrar and directed to re-consider the same and pass appropriate orders. After receiving of the Order dated 3.11.2018 in fact, I could not properly understand the operative portion of the Order that I have understood that the Chief Controlling Revenue Authority directed me to review the earlier Order dated 25.5.2017, and hence I have written the letter to the Chief Controlling Revenue Authority on 26.12.2018 explaining/stating that in fact the Civil Court has also imposed ten times penalty on the deficit stand duty paid to the instrument, and it is difficult/not possible for me to review/re-consider the earlier Order and a request letter was sent to Chief Controlling Revenue Authority by me.
4. I state that in fact without properly understanding the Order passed by the Chief Controlling Revenue Authority. I have written a letter dated 26.12.2018 to the Chief Controlling Revenue Authority now I came to know that the Chief Controlling Revenue Authority has passed an Order dated 03.11.2018, remanded the matter to me and directed me to re-consider the matter afresh, due to aforesaid circumstances and due to my misunderstanding, I have written a letter dated 26.12.2018 to the Chief Controlling Revenue Authority and I have no intention to disobey the Order passed by the Chief Controlling Revenue Authority for the aforesaid reason, a mistake done by me, and I seek my unconditional apology for the mistake done by me, and I further undertakes that I will obey the Order passed by the Chief Controlling Revenue Authority dated 03.11.2018 and I will pass the detailed speaking order afresh as directed by the Chief Controlling Revenue Authority within a period of one month.”
4. In view of the above, writ petition is disposed off directing the 1st respondent to pass fresh orders in the light of the affidavit filed before this Court and in accordance with law within a period of one month from the date of this order.
Sd/- Judge Nsu/-