PURUSHOTTAM LAL SINGLA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners claim to have purchased a property consisting of land and a factory building, situated at No. A-192, Industrial Estate, Peenya First Stage, Bangalore, from one U.R. Shenoy, under a sale deed executed in April 1996, registered on 12.4.1996 as document No. 162/1996-97 in the Office of the third respondent. According to the petitioners, third respondent (the Registering Officer) informed them that the document was undervalued and he intended to refer the sale deed for fixation of market value under Section 45-A of the Karnataka Stamp Act, 1957 ('Act' for short) to the second respondent(Deputy Commissioner). In fact in the receipt (Annexure-B) given by the third respondent for having received the registration fee, the Third Respondent has stated that the matter was being referred under Section 45A of the Act.

(2.) The Petitioners allege that the Factory shed situated in the property purchased by them in very old and is in a dilapidated condition and its value does not exceed Rs. 2.5 Lakhs; and they want to make extensive additions and alternations to the said building to make it suitable for running an industry, by spending Rs. 5 to 6 lakhs; and until such works are carried out, they cannot use the premises.

(3.) Hence the petitioners gave a letter dated 2.5.1996 (Anhexure 'C') to Respondents 2 & 3, requesting them to have the property valued through the Valuation Engineer attached to the Deputy Commissioner immediately, so that they can proceed with the repair and renovation work. There is no response. Hence, the Petitioners have filed this petition seeking a direction to the Registering Officer to refer the sale deed dated 12.4.1996 to the Deputy Commissioner, under Section 45A of the Karnataka Stamp Act, 1957 for determination of market value by using an authenticated copy of the sale deed and seeking a direction to Deputy Commissioner to determine the value of the property within a reasonable time.