Mr.Irfan Razack vs The Regional Commissioner on 11 November, 2021

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Karnataka High Court

Mr.Irfan Razack vs The Regional Commissioner on 11 November, 2021

Bench: Krishna S.Dixit

                            1

      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF NOVEMBER, 2021

                         BEFORE

         THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT

        WRIT PETITION NO.9515 OF 2020 (GM-ST/RN)

BETWEEN

1.    MR. IRFAN RAZACK,
      S/O LATE MR. RAZACK SATTAR,
      AGED ABOUT 67 YEARS,
      NO. 21/22-3, CRAIG PARK LAYOUT
      M.G. ROAD, BANGLAORE - 560 001.

2.    MR. REZWAN RAZACK,
      S/O MR. RAZACK SATTAR,
      AGED ABOUT 65 YEARS,
      "BURNSIDE", NO.12,
      MAGRATH ROAD,
      BANGLAORE - 560 025.

3.    MR. NOAMAN RAZACK,
      S/O LATE MR. RAZACK SATTAR,
      AGED ABOUT 67 YEARS,
      NO. 21/22-3, CRAIG PARK LAYOUT,
      M.G. RAOD, BANGALORE - 560 001.
                                         ...PETITIONERS
(BY SRI. KARTHIK, ADVOCATE FOR
    SMT. VAISHALI HEGDE, ADVOCATE)

AND

1.    THE REGIONAL COMMISSIONER,
      BENGALURU DIVISION,
      2ND FLOOR, BMTC BUILDING,
      K.H. ROAD, SHANTHINAGAR
      BENGLARUU - 560 027.

2.    THE DISTRICT REGISTRAR AND DEPUTY
      COMMISSIONER OF STAMPS,
      SHIVAJINAGAR REGISTRATION DISTRICT,
      3RD FLOOR, 'TRIUMPH TOWERS',
      NO.48, CHURCH STREET,
      BANGALORE - 560 001.
                             2


3.   THE SUB-REGISTRAR SHIVAJINAGAR,
     3RD FLOOR, 'TRIUMPH TOWERS',
     NO.48, CHURCH STREET,
     BANGALORE - 560 001.

4.   VALDEL XTENT OUTSOURCING
     SOLUTIONS PVT. LTD.,
     (A PRIVATE LIMITED COMPANY REGISTRERED
     UNDER COMPANIES ACT, 1956),
     REPRESENTED BY ITS MANAGING DIRECTOR,
     HAVING ITS REGISTERED OFFICE AT
     'THE FALCON HOUSE'
     NO.1, MAIN GUARD CROSS ROAD,
     BANGALORE - 560 001.

5.    PRESTIGE ESTATES PROJECTS LTD
      (A PRIVATE LIMITED COMPANY REGISTERED
      UNDER COMPANIES ACT, 1956),
      REPRESENTED BY ITS MANAGING DIRECTOR,
      HAVING ITS REGISTERED OFFICE AT
      'THE FALCON HOUSE'
      NO.1, MAIN GUARD CROSS ROAD,
      BANGALORE - 560 001.
                                        ...RESPONDENTS
(BY SRI. SRIDHAR HEGDE, HCGP FOR R1-R3;
    R4 & R5 ARE SERVED & UNREPRESENTED)

      THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 08.11.2019 VIDE ANNEXURE-A PASSED BY THE R-1 IN
STP (APPEAL) NO.42/2018-19 AND THE ORDER DATED
07.09.2018 VIDE ANNEXURE-B PASSED BY THE R-2 AND
THEREBY CONSEQUENTLY ALLOW THE APPEAL AND ETC.

     THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:

                          ORDER

The subject matter of this writ petition is squarely covered by decision of this Court in W.P.No.2591/2020 (GM- ST/RN) & connected matters between MRS. SHENAZ BILAL 3 AND THE REGIONAL COMMISSIONER Vs. OTHERS disposed off on 24.07.2020.

2. The Division Bench decision of this Court in W.A.Nos.932-933/1974 between A.V.VINODA & ANOTHER Vs. STATE OF KARNATAKA BY ITS COMMISSIONER & SECRETARY disposed off on 11.12.1974, it has been held that like cases should be treated alike and if relief is granted to a litigant, similar relief cannot be denied to other similarly circumstanced litigants, subject to all just exceptions.

In view of the above, this Writ Petition succeeds; impugned order is set at naught.

Costs made easy.

Sd/-

JUDGE DS

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