GIRISH N. Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) The short grievance of the Petitioner is as to levy of additional stamp duty & the penalty in respect of Conveyance of subject property by treating it as the one converted for commercial user. Learned counsel for the Petitioner argues that when the structure came to be put up, a Building Plan & License were obtained which specifically mentioned residential purpose and therefore, the impugned order premised to the contra is unsustainable. Notice to Respondent No.3 is dispensed; learned HCGP on request appearing for the official Respondents opposes the Petition contending that the structure is constructed on a land whose user was converted to non-residential purpose, and therefore, the Petition is liable to be rejected.

(2.) Both the sides having contended as above, now fairly agree with the suggestion of this Court that the Petitioner should prosecute his appeal pending before the Karnataka Appellate Tribunal, Bengaluru, and during its pendency no coercive action would be taken under the impugned order herein subject to Petitioner furnishing a Bank Guarantee for the amount he is liable to pay under the same, in favour of the 1st Respondent within two weeks; that the Appeal itself may be directed to be disposed off in a time bound way.

(3.) In the above circumstances, this Writ Petition is accordingly disposed off; the Karnataka Appellate Tribunal is requested to hear & dispose off the Appeal in accordance with law & within an outer limit of four months; during the pendency of appeal, no coercive action shall be taken in terms of the impugned order provided that Petitioner furnishes the Bank Guarantee payable for the sum of money by him under the said order within a period of two weeks.