STATE OF KARNATAKA Vs. S.P.GAYATHRI

JUDGEMENT

(1.) This intra Court appeal arises out of an order dtd. 19/11/2021 passed by the learned Single Judge, by which writ petition preferred by the respondents has been allowed.

(2.) Facts giving rise to filing of this appeal briefly stated are that the owners of the land entered into an agreement to surrender a portion of the property in favour of BBMP, in order to enable them to obtain Transferable Development Rights. The owners thereafter, executed a Power of Attorney on 2/4/2012, in favour of one Amit R Jain. The respondents thereafter approached the appellants for registration of the aforesaid Power of Attorney.

(3.) The appellants in view of Article 41(e) and 41(eb) of the Schedule to the Karnataka Stamp Act, 1957 collected a sum of Rs.3,52,180.00 as well as registration charges of Rs.71,010.00. The respondents challenged the aforesaid action of the appellants in a writ petition, which was allowed by learned Single Judge by an order dtd. 19/11/2021 with a direction to refund the excess stamp duty with interest at the rate of 9% per annum. Thereafter, beyond a period of eight weeks, interest was directed to be levied at the rate of 15% instead of 9%. In the aforesaid factual background, this appeal has been filed.