( 1 ) IN these petitions under Articles 226 and 227 of the Constitution the petitioners have sought for quashing the Circular dated 8-7-1985 bearing No. RD 268 ESR 84 issued by the State government fixing the minimum market value of immovable properties in various localities of bangalore City.

( 2 ) THE Circular is purported to have been issued under Section 45a of the Karnataka Stamp Act, 1957 (hereinafter referred to as the 'act' ). Similar Circular issued by the Deputy Commissioner of another District was challenged in Writ Petition No. 42106 of 1982 and other Writ Petitions m. G. Kulkarni - v.- State of Karnataka, ILR1985 KAR 2152 , 1984 (2 )Karlj341. This Court has held that it is not permissible to issue such a circular fixing the market value of the property. Relevant portions of the Judgment are as follows :

"19. The term market value of the property has not been defined in the Act. But, the explanation to sub-section (5) of Section 45a of the Act really achieves or provides for that. This explanation declares that the market value of the property that is covered by the instrument shall be the price that would have fetched or fetch if sold in the open mark