aw
impugned report made by the District Regietrar}.
Chikmagalur dated 17.7.2010 is.”””p-reduced at”
Annexure-B and further giye “direction ‘to’ they L
Deputy Commissioner, Chikmegaler”tou”valte’jthe
stamp duty according to Art@39 of tbewfiarnataka
Stamp Act on the document of each share but_not in
the manner now made contrary to law;_f ” W
This Petition ‘is coming’ on for “preliminary
hearing in B–Group this day;xthe_Court made the
following: a’ HVIV lV°V’=
t._… ….___–g.u……_..,.~
The Short fiuestion that arises in this writ
petition is wnet ie duty and penalty payable in
respect of vthe_ impugned document. Impugned
~document is a partition deed. District Registrar,
ifihikmagalur has called upon the petitioner to pay
Rs§9l;l2Sf¥ as stamp duty and penalty. This order
t,4’is called in question on the ground that as per
‘H: Art{39& of the Stamp Act District Registrar” has
‘\_riai;ed to compute the stamp duty payable by the
u”petitioner. According to him, Art,39 is
substituted wte.f. 1.4.1999 by Act No.6/99. When
it is a substitution. even if the partition
gt:/J
3
between the petitioner and his brother has taken
earlier, R-61 is bound to compute the stamp} as
per amended provision. Since the :,.__r;o’t
done, writ petition requires to be _al1<:.{'we€i=.Va'nd __the
order vide Annexure–C requires tAoA.jbe'ee,¢1ueehe§:ii._.1_
2. Accordingly, the pet’i,ii’ien sorder
dated 26.8.2010 vide.gnnexur§~é is hereby quashed.
Matter is remanded toithe.f’I§iisfri;cii’V__Registrar for
fresh computation in a<jr::o'r€ie'hc;e afwith the amended
provision of-.VL€'he:_.Ké\rnataka Stamp Act.
§é;;'L
§§§E3CE:
i’~_:§/070611