MALCHIRA C. NANAIAH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Petitioners are knocking at the doors of Writ Court seeking quashment of the order dtd. 25/2/2022 made by the 2nd Respondent - District Registrar cum Deputy Commissioner of Stamps at Annexure-A whereby their claim for the refund of penalty paid under the provisions of the Karnataka Stamp Act, 1957 has been negatived. Learned counsel for the Petitioner notifies to the Court the earlier case in W.P.No.15511/2021 wherein similar Endorsement having been quashed, matter was remanded for consideration afresh, with some observations.

(2.) Learned counsel for the Petitioners vehemently argues that under the Scheme envisaged under Chapter IV of the 1957 Act, the levy of penalty on an unduly stamped instrument cannot be mechanical and that a host of factors enter the decision making process in that regard; when citizen is mindlessly levied with penalty disproportionately, the Writ Court should come to his aid and direct refund of the excess penalty. She hastens to add that, her clients being agriculturists, the matter should not be again remanded and that, it be decided at the hands of this Court itself.

(3.) Learned HCGP appearing for the Respondents opposes the Writ petition with equal vehemence making submission in justification of the impugned order and the reasons on which has been constructed. The impugned order being a product of exercise of statutory discretion, the Writ Court should be loath to interfere, unless the same suffers from demonstrable errors on the face of record. In any event, this Court should not decide the matter on merits and that the matter be remanded fro fresh consideration, if the impugned order is found to have legal infirmities, contended she.