M/S MEENAKSHI INFRA PROJECTS v. THE DISTRICT REGISTRAR AND DEPUTY COMMISSIONER OF STAMPS,
Court: High Court of Karnataka
Bench: SACHIN SHANKAR MAGADUM
Judgment date:
Case summary
High Court of Karnataka judgment dated 2026-04-28. M/S MEENAKSHI INFRA PROJECTS v. THE DISTRICT REGISTRAR AND DEPUTY COMMISSIONER OF STAMPS,. Read the...
Judgment text
- 1 - WP No. 13564 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU TH DATED THIS THE 28 DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 13564 OF 2026 (GM-ST/RN) BETWEEN: 1. M/S MEENAKSHI INFRA PROJECTS A PARTNERSHIP FIRM HAVING OFFICE AT NO. 529 SMR VINAY HILANDS MADEENAUDA HYDERABAD-500049. REPRESENTED BY ITS MANAGING PARTNER MR. KUNCHAKURI HARISH KUMAR …PETITIONER (BY SRI: SAMMITH S. ,ADVOCATE) AND: 1. THE DISTRICT REGISTRAR AND Digitally signed by DEPUTY COMMISSIONER OF STAMPS SHARADAVANI B SHIVAJINAGAR REGISTRATION DISTRICT Location: High Court of NO-122/22, 4TH FLOOR Karnataka MONARK CHAMBER INFANTRY ROAD BENGALURU 560001 2. THE SENIOR SUB- REGISTRAR SHIVAJINAGAR (INDRANAGAR) HAVING OFFICE AT NO. 22 AND 44 BDA SHOPPING COMPLEX 2ND CROSS ROAD INDIRANAGAR, BENGALURU - 560071 - 2 - WP No. 13564 of 2026 3. SRI. ATHIQUE AHMED S/O MOHAMMED OOSMAN AGED ABOUT 58 YEARS RESIDING AT NO.
26/3 1ST MAIN ROAD GANGANAGAR BENGALURU 560 032 …RESPONDENTS (BY SMT: NAVYA SHEKAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO GRANT AN ORDER, DIRECTION, OR WRIT IN THE NATURE OF CERTIORARI, QUASHING THE IMPUGNED ORDER DATED 25/02/2026 IN CASE NO. SJN/IND/46-A/07/2025-26/2399PASSED BY RESPONDENT NO. 1 AS CONTAINED IN ANNEXURE G; TO PASS SUCH ORDER AS THIS HONBLE COURT MAY DEEM FIT AND PROPER IN THE FACTS AND CIRCUMSTANCES OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. , THIS WP, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned counsel appearing for the petitioner. Perused the records. 2. The petitioner in the captioned writ petition calls in question the order passed by respondent No. 1 in exercise of powers under Section 46-A of the Karnataka Stamp Act, 1957. - 3 - WP No. 13564 of 2026 3.
On a pointed query by this Court as to the maintainability of the writ petition in the light of the statutory remedy, learned counsel for the petitioner fairly submits that an efficacious alternative remedy by way of an appeal is available under sub-section (3) of Section 46-A of the Act. However, he would contend that the petitioner, under a bona fide impression that the objections filed were not duly considered by the authority, has invoked the writ jurisdiction of this Court. 4. Having heard the learned counsel and on perusal of the material on record, this Court is of the considered view that the impugned order is amenable to appellate scrutiny under Section 46-A(3) of the Act. It is a trite principle that when a statutory remedy is available, this Court would be slow in entertaining a writ petition, unless exceptional circumstances are demonstrated. In the present case, no such exceptional ground is made out warranting interference under Article 226 of the Constitution of India.
- 4 - WP No. 13564 of 2026 5. In that view of the matter, this Court deems it appropriate to relegate the petitioner to avail the statutory remedy of appeal. 6. Hence, the following: ORDER i. The writ petition stands disposed of, reserving liberty to the petitioner to avail the remedy of appeal under Section 46-A(3) of the Karnataka Stamp Act, 1957; ii. If such an appeal is filed, the Appellate Authority shall consider the same on its own merits, without being influenced by any observations made by this Court; iii. The period spent by the petitioner in prosecuting the present writ petition shall stand excluded for the purpose of limitation, in terms of Section 14 of the Limitation Act, 1963; iv. Registry is directed to forthwith return the certified copies of the documents to the petitioner, after retaining photocopies on record. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BGN, List No. : 1 Sl No. : 18
Source: High Court of Karnataka. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.