IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOS.28765-28766/2015 (GM-ST/RN) BETWEEN:
TRENT HYPERMARKET LIMITED, A COMPANY INCORPORATED UNDER THE PROVISIONS OF COMPANIES ACT, 1956 AND HAVING ITS REGISTERED OFFICE AT TAJ BUILDING, 210, DR.D.N.ROAD, MUMBAI-400001 REPRESENTED BY ITS AUTHORIZED SIGNATORY & GPA HOLDER MRS. MONALI MAHAJAN ... PETITIONER (BY SRI. CHANDRASHEKAR S., ADV. FOR SRI. VIVEK HOLLA, ADVOCATE) AND:
1. DISTRICT REGISTRAR, DEPARTMENT OF STAMPS AND REGISTRATION KARNATAKA, RAJAJINAGR DISTRICT, NO.3, LEELA ARCADE, 3RD FLOOR, NAGARBHAVI 2ND STAGE, BEHIND BDA COMPLEX, BANGALORE-560 072.
2. SUB REGISTRAR, DEPARTMENT OF STAMPS AND REGISTRATION, KARNATAKA MUNICIPAL NO B 18, 4TH MAIN, RAJAJI NAGR, NEXT TO IT PRK, BANGALORE-560 055.
3. STATE OF KARNATAKA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, MS BUILDING, BANGNALORE-560 001.
4. BRIGADE ENTERPRISES LIMITED, A COMPANY INCORPORTED UNDER THE PROVISIONS OF THE COMPNIES ACT, 1956 AND HAVING ITS REGITERED OFFICE AT 29TH AND 30TH FLOOR, WORLD TRADE CENTRE, BRIGADE GATEWAY CAMPUS, NO.26/1, DR. RAJKUMAR ROAD, MALLESHWARAM, RAJAJINAGAR, BANGALORE-560 055.
REPRESENTED BY ITS MANAGING DIRECTOR.
... RESPONDENTS (BY SRI. V. SHIVAREDDY, HCGP FOR R1 TO R3 V/O DT.11.01.2016, NOTICE TO R4 DISPENSED WITH) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO PROCESS THE APPLICATION FOR ADJUDICATION OF STAMP DUTY ON THE LEASE DEED FORTHWITH AND IN ANY EVENT WITHIN A PERIOD OF 3 WEEKS FROM THE DATE OF THE ORDER; DIRECT THE R-2 TO PERMIT THE PETITIONER AND R-4 TO REGISTER THE LEASE DEED WITHIN A PERIOD OF 8 WEEKS FROM THE DATE OF ADJUDICATION OF STAMP DUTY PAYABLE ON THE LEASE DEED.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. Chandrashekar S., learned counsel for the petitioner.
Sri. V. Shivareddy, learned High Court Government Pleader for respondent Nos.1 to 3.
2. With consent of the parties, writ petitions are heard finally.
3. In these petitions, the petitioner inter alia has prayed for a writ of mandamus to respondent No.1 to process the application for adjudication of the stamp duty on the lease deed within a fixed time.
4. When the matter was taken up today, learned counsel for the petitioner submitted that the writ petitions be disposed of with a direction to respondent No.1 to process the application filed by the petitioner for adjudication of the stamp duty on the lease deed within a timeframe.
5. Learned Government Pleader submits that in case the respondent No.1 has not dealt with the application for adjudication of the stamp duty on the lease deed, the same shall be dealt in accordance with law.
6. In view of the submissions made and in the facts of the case, the writ petitions are disposed of with the direction to respondent No.1 to process the application for stamp duty on the lease deed, if not already adjudicated, by a speaking order within a period of four weeks from the date of receipt of a certified copy of the order passed today.
7. Accordingly, the writ petitions are disposed of.
Sd/-
Judge RD