Mohammed Layeeq v. 1. The State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any Writ, Order or direction more particularly one in the nature of WRIT MANDAMUS declaring the action of the Respondent No.3 not receiving, Validating / lmpounding the documents (GIFT DEED, Dated 06th February 2024 produced by the Petitioner, for the Property House Bearing Municipal No. B-3- 1661018lA, admeasuring 45.97 Sq Yards, Situated at Erragadda, Hyderabad, T.S., is illegal, arbitrary and violation of articles 14, 21 and 300-4 of Constitution of lndia also against the Principles of natural justice and Consequently direct the Respondent No. 3 to receive, Validate / lmpound the Document produced by the Petitioner for the Property House Bearing Municipal No. 8-3-166/C/8/A, admeasuring 45.97 Sq Yards, Situated at Erragadda, Hyderabad, T.S. i t.A.NO:1 OF 2025 PetitionUndelrfjeotionl5lCPCprayingthatinthecircumstarcesStatedin theaffidavitfiledinsulroortofthepetition,theHighcourtmal'bepleasedto directtheRespondentNo,3toreceive,Validate/lmpoundthedocun-rentsi.e.,Gift Deed, dated 06th FebrL itry 2024 in respect of Propedy House Bearing Municipal No. B-3-166/C/B/A. ac rneasuring 45 97 Sq Yards' Situated at Erragadda' Hyderabad, T.S., pr:rrtJir 'q disposal of main writ petition' Counsel for the Petitiorrer : SRI MOHD SHOEB ALI ARSHAD GounselfortheResportdents:AGPFORSTAMPSANDREGISTR/\TION The Court at the stage rf admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.L2972 of 2o25 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps ald Registration appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission itself.

2. Learned counsel appearing for the petitioner would submit that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.15322 of 2023, dated 19.O6.2023 and requested to pass similar order in this matter also

3. The learned Assistant Government Pleader for Stamps and Registration did not dispute the submission made by the learned counsel for the petitioner with regard to disposal of W.P.No.15322 of 2023, dated 19.06.2023 and requested to pass appropriate orders \

4. In view of the submissions made by the both sides and by following the Orders passed by this Court in W.P.No.15322 of 2023 dated 19.06.2023 this writ etition I 2 \ 1S disposecl ol by directing the respondent No.3-District Registrar to re:c:ive and validate/impound the clc,crrment i.e. the Gift Deecl, < :rted 06.02.2024 presented by the petitioner and process thr same in accordance with larr withirr a period of six weeks l'ro -:1 the date of presentatibn of sucl-L rlocument by the petilior--e-. In case of collecting the de1lcit s;tzrrnp duty, necessary r:ert.i 'ication be made on the docu.nteet under Section 42 of the Indian Stamp Act, 1899 ar-rd no endorsement zLs ,,'alidation of the document be rn:idr:.

5. l\<;r:crdingly, the Writ Petition is; drspc,sed of. No order as 1:) costs

6. Rr:qi s;try is directed to annex copy of the order in W.P.No.l:;if22 of 2023, dated 19.06.2021) along with this order.

7. l\4i:;c::llaleous petitions, if any, pending in this writ petitrc,n. ,shall stand closed. //TRUE COPY// i Sd/.P. PADMANABHA REDDY DEPI.,lT( REGISTRAR 1 i I \l \, r sEclroN oFFrcER - To

1. The Principal S,rcretary, Stamps and Registratibrtr Depart"n€,nt Secretariat, State of Telanga'ra at Hyderabad, T.S.,

2. The lnspector (;eneral Staps and Registrations, Telangani,r, Registration Bhavan, 4th an I sth Floor, Nizamshahi Road, Osmangunj M.J. Market, Hyderabad - 5l( 001.

3. The District Regi ;trar, South, Erragadda, Hyderabad, 1'.S. 4. Two CCs to CiF for Stamps and Registration, High Courl fcr the State of Lwv 5 Telangana at Hyr lerabad. [OUTI One CC to SRI N ()HD SHOEB ALI ARSHAD, Advocate [OPr-,C] WT|:="',rif1h'6-6irteirlateii1oob2o23inW.P-No,15li22oI2o23 -l I A.h)s ./' \ I 4?' .{E SfAr e 21 tAt 2[25 z c / i:) o (,)! ,,,. ."* \=,,--,-- I HIGH COURT DATED:2910412425 ORDER WP.No.12972 af 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COS TS. (z I15

2.1 \L{ THE HON'BLE SRI JUSTICE MUMMINENI SI'DHEER KUMAR WRIT PETITION No.15322 of2o23 ORDER: Heard learned counsel appearing for. the petitioner and learned Assistalt Government Pleader for Stamps and Registration appearing for the respondents.

2. This writ petition is filed seeking a writ of maldamus to declare the action of respondent No.3 in not validating the Simple SaJe Deed, dated 26.02.2016, sought to be submitted by the petitioner, by issuing Memo No.Gl/2430/2023, dated

31.05.2023, as illegal and arbitrar5r, and consequently to set aside the Memo, dated 31.05.2023, and to direct respondent No.3 to validate the said document.

3. It is the contention of learned counsel for the petitioner that the petitioner, having clairned the rights under the Simple Sa.le Deed, dated 26.02.2016, approached respondent No.3 seeking to pay the deficit stamp duty and to validate the said document. However, respondent No.3 is stated to have not been receiving the said document for the Purpose of collection of delicit stamp duty. Hence, the petitioner approached this Court by frling the present writ petition. ,

4. Tht: re,:vant provisions dealing with the subject mzrtter of collection tf ,lehcit starnp duty, impounding of docunrerr t etc., are dealt n it r Sections 37, 32, 33, $, atd 42 etc , of the .ndian Stamp {ct. I !199 (for short, 'the Act, 1899,).-

5. In r.he ight of the above provisions of th€.Acr, ttr99, it is obligato-t ,ln the part of respondent No.3 to receivr: and process thc locument for collection of deficit stamp clut.g ald as arrd wh€n:t document is not duly stamped, the samt:1s to be brought tt t is notice. Any action on the part of respordent No.3 in rr'[r ring to receive the Simple Sale Deed. Cated

26.O2.2O16. :,r the purpose of collection of deficit stamp duty, as providir(l Lrnder the provisions of the Act, 1g99. ir; not in accordanc t rvith law.

6. In ttre r if cumstances, without going into the merits r.,f the case, the inrp -rgned Memo, dated 31.O5.2O23, is set :rsidt, ancl responden: N I 3 is directed to receive the Simple S;eL: I)eed, dated 26.O2.2 ) 16, sought to be presented by the petitioner and process tho.sr t)'te in accordance with law for collection of d,:ficit starnp drity vithin a period of six weeks from the ia.e oI presentation r l such document by the petitioner. In cali e of collecting :hc r{eficit s tarnp duty, necessary certificatior r be a:' 3 made on the document under Section 42 of t}re Act, 1899 ald no endorsement as validation of the document be made 7 . The writ petition is accordingly allowed, There shall be no order as to costs. Miscellaleous Petitions, if any, pending in this writ petition shall stand closed. Date:79.06.2023 KH MUMMINENI SUDIIEER KUMAR, J