H. DHARAM CHAND SON OF LATE HARAKCHAND REPRESENTED BY HIS SON AND POWER OF ATTORNEY HOLDER SRI. H.D. MAHAVEER KUMAR SON OF SRI. H. DHARAM CHAND Vs. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT, THE REGIONAL COMMISSIONER AND APPELLATE A

JUDGEMENT

(1.) THE orders at Annexures 'A' and 'L' dated 15.2.2010 and 20.12.2007 passed by the 2nd and 3rd Respondents respectively are called in question in this writ petition.

(2.) THE Petitioner purchased the scheduled properties bearing Sy. Nos. 22/1 arid 22/2 situated near the road, which runs from Belawadi to Hinkal village of Mysore Taluk on 25.6.2007. The Sale Deed was registered on the very day for Rs. 18 lakhs. The properties in question are divided into 12 sites, totally measuring 144931.78 square feet. The properties in question are converted for industrial purposes. The Sub -Registrar referred the Sale Deed to the 3rd Respondent for determination of the market value under Section 45A of Karnataka Stamp Act, 1957 since the Sub -Registrar felt that the valuation as found in the Sale Deed is on the lesser side. The 3rd Respondent after hearing, passed the order as per 'Annexure -L' dated 20.12.2007 declaring that the value of the property in question is Rs. 750/ - per square feet. Consequently, directed the Petitioner to pay the stamp duty of Rs. 1,02,07,045.00. The said order was called in question by the Petitioner by filing appeal before the 2nd Respondent. The said appeal came to be dismissed confirming the order passed by the 3rd Respondent. The order passed by the 2nd Respondent is produced at ' Annexure -A' to the writ petition.

(3.) THE writ petition is opposed by the learned Government Advocate interalia contending that, the property in question is situated near a ring road as well as a national high way and the property is surrounded by the industries, schools etc. He draws the attention of the Court to the mahazar drawn during the course of spot inspection.