IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE KRISHNA S.DIXIT WRIT PETITION NO.49702 OF 2019 (GM-CPC) BETWEEN:
1 . SRI M.R. PRAKASH, AGED ABOUT 57 YEARS, RESIDING AT NO 130/68, ‘AKSHAYA’, 2ND MAIN, MAHAGANAPATHI NAGAR, GOTTIGERE, BENGALURU – 560 083.
2 . SRI P.LAKSHMI, DAUGHTER OF SRI M R PRAKASH AGED ABOUT 31 YEARS, RESIDING AT NO 68, ‘AKSHAYA’, 2ND MAIN, MAHAGANAPATHI NAGAR, GOTTIGERE, BENGALURU – 560 083.
3 . SMT S.LALITHA, WIFE OF MR PRAKASH, AGED ABOUT 46 YEARS, RESIDING AT NO 130/68, ‘AKSHAYA’, 2ND MAIN, MAHAGANAPATHI NAGAR, GOTTIGERE, BENGALURU – 560 083.
(BY SMT. SREE VIDYA G.K., ADVOCATE) AND:
1 . SRI H.S.SHASHIKUMAR, SON OF H.N.SUBRAMANYAM, AGED ABOUT 57 YEARS, 2 . SRI H.S.NAGARAJ, SON OF H.N.SUBRAMANYAM, AGED ABOUT 44 YEARS, ... PETITIONERS 3 . SRI H.S.HARISH, SON OF H.N.SUBRAMANYAM, AGED ABOUT 45 YEARS, RESPONDENT NOS. 1 TO 3 ARE RESIDING AT NO.21, 4TH CROSS, 5TH BLOCK, BHUVANESHWARINAGAR, BANASHANKARI 3RD STAGE, BENGALURU – 560 085.
4 . SRI H.K.KUMARASWAMY, SON OF H.N.KSHETRAPALAIAH, AGED ABOUT 54 YEARS, NO 777, 4TH MAIN, A BLOCK, 2ND STAGE RAJAJINAGAR BENGALURU- 560 010.
5 . SRI H.S.PRASAD, SON OF LATE H.N.SRYANARAYAN, AGED ABOUT 51 YEARS, SRIKANTA ATREYA, 4TH CROSS, 2ND MAIN, VIJAYANAGARA, TUMKUR – 572 102.
6 . SRI H.S.KUMARASWAMY, SON OF LATE H.N.SURYANARAYANA, AGED ABOUT 51 YEARS, KALPATATRU NILAYA, NAGANNA PALYA, SIRA GATE, TUMKUR – 572 106.
7 . SRI H.S.SUBBARAO, SON OF H.N.SHANKAR NARAYAN, AGED ABOUT 49 YEARS, NO 71, 1ST FLOOR, 3RD CROSS, 3RD MAIN, CHENNAMMANAKERE ACHUKATTE, KATRIGUPPE EAST, BANASHANKARI 3RD STAGE, BENGALURU – 560 085.
8 . SRI H.S.NARASIMHASWAMY, SON OF H.N. SHANKAR NARAYAN, AGED ABOUT 47 YEARS, NO 113/B, 5TH MAIN, SHARADA NAGARA, GKVK POST, YELAHANKA UPANAGARA, BENGALURU – 560 065.
9 . SRI H.S.SHESHAGIRI RAO, SON OF H.N.SHANKAR NARAYAN, AGED ABOUT 39 YEARS, ARCHAK, CHELUR POST VIA TUMKUR CHELUR- 572 101.
10 . SRI H.R. BHARGAV, SON OF H.N. RAMA RAO, AGED ABOUT 24 YEARS, NO 140/1 2ND CROSS, 24TH MAIN, 2ND PHASE, J.P.NAGAR, MARENAHALLI, BENGALURU – 560 071.
11 . SMT H.N.LAKSHMINARASAMMA, WIFE OF H.N.NANJUNDAIAH, AGED ABOUT 70 YEARS, LANDLORD, HALKURKE, TIPTUR TALUK, TUMKUR DISTRICT – 572 101.
12 . SRI HOYSALA KARNATAKA SANGHA, WILSON GARDEN, BENGALURU REPTD BY ITS SECRETARY SRI SEETHARAM K.N.
C/O NO 21, 4TH CROSS, 5TH BLOCK, BHUVANESHWARI NAGAR BANASHANKARI 3RD STAGE, BENGALURU – 560 085.
(BY SRI. T.N.VISWANATHA, ADVOCATE) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 03.09.2019 MORTGAGE DEED ATED 24.05.2007 AND THE IMPUGNED ORDER DATED 05.09.2019 DIRECTING TO AY DUTY PENALTY PASSED IN O.S.NO.26933/2010 ON THE FILE OF THE XXVI ADDL. CITY CIVIL AND SESSIONS JUDGE, MAYO HALL, BENGALURU VIDE ANNEXURE-F; AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner being the second defendant in a declaration & possession suit in O.S.No.26933/2010 is knocking at the doors of Writ Court for laying a challenge to the order dated 03.09.2019 & 05.09.2019 whereby the subject instrument having been impounded, he is ordered to pay the Deficit Stamp Duty along with the penalty @ 10 times thereof under Chapter IV of the Karnataka Stamp Act, 1957.
2. Having heard the learned counsel for the petitioner and having perused the petition papers, this Court declines to grant indulgence in the matter inasmuch as, the idea of permitting the unduly stamped instrument for being used for collateral purpose which obtains under Section 49 of the Registration Act, 1908 is alien to the provisions of Sections 33 & 34 of the Karnataka Stamp Act, 1957, inasmuch as Section 34 employs the expression “for any purpose” which should logically include “collateral purpose” as well as consistently held by this Court, in a catena of decisions.
In the above circumstances, writ petition being devoid of merits, is disposed off without granting indulgence.
Sd/- JUDGE DS