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2007 Supreme(Kar) 76

H.V.G.RAMESH
SANTOSH ACHCHA – Appellant
Versus
STATE OF KARNATAKA – Respondent


Advocates:
Advocate Appeared
Sri M. Sivappa, Advocate for Petitioner in W.P. No. 1992 of 2000;
Sri S.M. Chandrashekar, Advocate for Petitioner in W.P. No. 45953 of 2001;
Sri A.G. Holla, Advocate General and Sri Ramesh B. Anneppanavar, Additional Government Advocate for Respondents in W.P. No. 1992 of 2000.

ORDER

These two petitions have been filed challenging the validity of Sections 45-A and 45-B of the Karnataka Stamp Act, 1957 as illegal, arbitrary and ultra vires of the Stamp Act and the Registration Act, 1908 and for consequential relief.

2. In W.P. No. 45953 of 2001, the prayer is for a direction to the 3rd respondent to register the sale deeds presented by the petitioner on 29-5-2001 which is received by the 3rd respondent.

3. In W.P. No. 1992 of 2000, the prayer is common and also to strike down Sections 45-A and 45-B of the Act and to declare the sale deed Annexure-A is properly valued and to direct the 3rd respondent to register the document according to the Stamp Act and the Registration Act and, for such other relief.

4. In W.P. No. 45953 of 2001, petitioner has presented four documents/sale deeds on 29-5-2001 for having purchased land in Sy. No. 1/1B of Bramhapur of Gulbarga District, for registration. The 3rd respondent received the sale deeds and collected the registration fee vide P. Nos. 47,48,49 and 50/2001-02 and the Stamp Duty. Thereafter, the 3rd respondent has referred the matter to the Deputy Commissioner for Stamps alleging that there is undervaluation of the prop










































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