O R D E R

Petitioner herein is called in question the proceedings dated 07.03.2019 bearing Reference No.SJN:JN:ADJ:639:2018-19/4052 dated 07.03.2019 passed by the 2nd respondent-Deputy Commissioner and the District Registrar of Stamps whereby, the said respondent directed the payment opining that the stamp duty is leviable as per Article 52(d) of the Karnataka Stamp Act, 1957 (hereinafter referred to as ‘the Stamp Act, 1957’ for short) for registration of a deed of indenture in favour of the petitioner by the erstwhile trust.

2. Brief facts leading to filing of this writ petition is that:

The indenture of the Trust (hereinafter referred to as the Trust’) dated 04.03.1998 was constituted by name Sura Foundation and the Trust had come to an end upon the sole beneficiary who is the petitioner attaining the age of 40 years as per the Clause 9 of the Trust. The Trust had acquired the petition schedule property under the Sale Deed dated 17.04.1998 and the petitioner being the sole beneficiary under the Trust attained the age of 40 years on 14.09.2018 and in view of the Trust having come to an end as per Clause 9 and in order to avoid any future claim and to obviate any scope for future litigation, the petitioner filed an application on 06.02.2019 before the 2nd respondent-the Deputy Commissioner under Section 31 of the Stamp Act, 1957.

3. The Deputy Commissioner and the District Registrar of Stamps opined and treated the instrument of conveyance attracting levy of stamp duty advoleram in terms of Article 52 (d) of the Schedule of the Stamp Act, 1957.

4. The respondents appeared and filed their statement of objections inter alia contending that the petitioner is the beneficiary under the Trust dated 04.03.1998 and the deed of indenture dated 18.01.2019 would fall under Article 52 (d) of the Stamp Act, 1957 as it is a case where the Trust property from one trust to another trust or from trust to trustee or beneficiary, or from trustee to trust or trustee to beneficiary and the same duty chargeable as a conveyance under Article 20 (1) on the market value of the property and accordingly, the stamp duty imposed is justified.

5. Heard the learned counsel for the parties.

6. This Court has considered the rival contentions urged by the learned counsel for the parties and perused the entire materials on record.

7. Learned counsel for the petitioner contended that the question of levy of duty on the instrument of this kind is no longer res integra as held by the Co-Ordinate Bench of this Court in W.P. No.29645/2010 between Rastrothana Trust Vs. District Registrar and others decided on 05.01.2018 has observed at paragraph Nos.6 to 10 as under:

“6. At the outset, it is to be taken note that the document in question is dated 05.01.2004 and in that view, the provision providing for stamp duty as contained in the schedule prior to the subsequent amendment which was made on 01.04.2011 would have to be taken into consideration. The provision as contained in Article 52(d) of the Stamp Act would provide that in respect of a transfer, with or without consideration of any Trust property from the Trustee to another Trustee or from a Trustee to a Beneficiary, the stamp duty at Rs.200/-. Keeping in view the said provision, a perusal of the Deed of Merger which is the document in issue herein would indicate that the Jnana Bharathi Trust which held the properties in question in their name have merged themselves in the Rashtrothana Trust. The relevant clauses thereto is extracted as hereunder:

“3. It is agreed by and between the parties that all assets and disclosed liabilities of the Merging Trust shall be the assets and liabilities of the Merged Trust as from the appointed day mentioned above.

10. The Jnana Bharathi Trust–The Merging Trust, shall stand dissolved and the Trustees of the merging Trust stand relived of all their obligations under the Deed of Trust dated 17-04- 1979 of Merging Trust subject to their fulfilling all their obligations set out herein above.