Mahankali Rajyalaxmi v. AND
Case Details
Acts & Sections
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 writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents more ParticularlY for Validation of Respondent No.2 in not considering Petitioner's request respect of land document i.e., Simple Sale Deed dated 04-01-2016 in admeasuring Ac.o-21 guntas, in sy.No.364, situated at Braahmanapalli Grama shivar, Anthargamam Mandal, Peddapalli District (Ramagundam [\Iandal, Karimnagar District (old)), by way of issuing Memo No.G1170712025, dated 10-02- 2025, as illegal, arbitrary, in violation of principles of natural justice, in violation of Articles 14, 19 and 21 of the constitution of lndia, besides being in violation of lndian Stamps Act and consequently to direct the respondent no.2 to validate the petitioner,s document i.e., Simple sale Deed dated 04-01-2016 in respect of land admeasuring Ac.0-2.1 guntas, in Sy.No.364, situated at Braahmanapalli Grama Fi F ; 1 I h ; Shivar, Antharganam [Vlandal, Peddapalli District (Ramag undam Mandal, Karimnagar Distr c: (old)). lA NO: 1 OF 2021; Petition underr Section 151 CPC praying thatin the circumr;tances stated in the affidavit filed n support of the petition, the High courl may ce pleased to direct the respondent no.,2 to validate the petitioner's document i.i:. S mple Sale Deed dated 04-01-201(i ir respect of Iand admeasuring Ac.0-21 gu1t.rs, in Sy.No.364, situated at Braahmanapalli Grama Shivar, Anthargamam lylarrdal, peddapalli District (Ramagunda,n fvlandal, Karimnagar District (old)) penrlin,l disposal of the above writ petitiol Counsel for the F'etitioner: SRI KATIKA RAVINDER REDDY Counsel for the Fiespondents: AGP FOR STAMPS AND REGTSTRATTON The Court made the following: ORDER : r i F i F ; F i F THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No. 1333O of 2025 ORDER: Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and 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 I squarely covered by the order passed by this Court in W.P.No.15322 of 2023, dated 19.06.2023 and requested to pass similar order in this matter aiso.
3. The learned Assistart 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 .l 9.06.2023, this writ petition 1S disposed of by setting aside the impugned Memo f I 2 .- -q No.Gl /707 1' ))25, dated 10.02 .2025 and. respor denr No.2 District Reg;i,.;t rar is directed to receive the SirrLple Sale Deed, dated 04.0 .'.2O16, sought to be presented by rhc petitioner and procesl; t.tc same in accordance with 1au. lo - collection of dehcit stirmp duty within a period oi six (06) r.reeks from the date of ltre sentation of such document by the petitioner. In case of r::oilecting the deficit stamp dut.z. necessarv certificatic, bi, made on the document unrler Sier:tion 42 o[ the Act, 189,9 and no endorsement as .,.,ali,l,rtion of the documenl bt: rrtade.
5. 1,c:ordingly, the Writ petition ]S clispcsed of No ord,:r ,ls, t,o costs. 6 Fleeistry is directed to annex copy of the order 1n W.P.NI> 15322 of 2023, dated 19.06.12023 along with this orcler. 7 Mi-.<:ellaneous petitioris, if aly, pencling in this writ petition, shall stand closed F To, 1 //TRUE COPY// SD/-P, PONNA KRISHNA ASSIST,,\NT REGISTRAR \(- t\ =- SECTION OFFICER Principal S;ecretary (Stamps and Registration), !'-lv.ieraba.l. T1e ,ltate of Teiangana. ecretariat B rrilciing 7 F F !6ax.'._- &;..1. 2 ? 4 The District Registrar, Karimnagar District One CC to SRI KATIKA RAVINDER REDDY Advocate [OPUCI Two CCs to GP FOR STATUPS AND REGISTRATION, High Court for the State of Telangana. [OUT] 5 Two CD CoPies BGS BS (Along with the Copy of Order dated 19'06'2023 in WP No' 15322 ot 20231 t' .-r! HIGH COURT DATED: 2910412025 \ ORDER WP.No.13330 of 20Zs ] [r rl 1Y\ () 21 r,[Y m5 a .L ) . D'- jr.^-t i t DISPOSED OF THE WRIT PETTTION WITHOUT COSTS \-., t F F r T F t F E I l t E &t h 5 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITIO NN 0-15322 of.2023 ORDER: Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents
2. This writ petition is filed seeking a writ of mandamus to declare the action of respondent No 3 in not validating the Simple Sale Deed, dated 26'02'2076, sought to be submitted by the petitioner, by issuing Memo No G l / 2430 1 2023 ' dared 31.05.2023, as illegal and arbitrary, and consequently to set aside the Memo, dated 31.05'2023, and to direct respondent No.3 to validate the said document' It is the contention of learned counsel for the petitioner 3. that the petitioner, having claimed the rights under the Simple Sale Deed, d.aled' 26.O2.2O16, 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 deficit stamp duty. Hence, the petitioner approached this Court by filing the present writ petition' 7 The relt.r'atrt p:'ovisrons dealing rvith the subject nrat't'r -r[
4. collectionofrlel]:rtstampduty,impoundingofdocrrmentel()., are dealt with Sc<:tions 3l' 32' 33' 41 and 42 etc'' of the Indian Stamp Act, 1i399 (l':r short' 'the Act' 1899J' In the ligrrr of the above provisions of the Act' i899' i 5- is obligatory or' 'IIc part of respondent No3 to'receive rrntI process the clo< t'trr cnt lor collection of dehcit stamp dutl ln'l as and when a (1ol'rlnent is not duly stamped' the same is to b: brought to l'ris t.t lttce Any action on the part of responrler:t receive the SimPle Sale Der:d' d rte d No.3 in re usittli to 26.O2.2016" for thr: purpose of collection of deficit staml) cut/' as providea unrlt'r the provisions of the Act' 1899' js nDt in accordancc 'r'j lt Iarv' In th(r ( i:c lmstances' without going into the merits c[ t re 6. case, the irnptro rcd Memo' dated 3l O5'2O23' is set asidc arrcl respondent No .:; is directed to receive the Simple Sale l)er rd' d,aled26-o2,.-2.)](,soughttobepresentedbythepetitione:and process thc sltn'e in accordance with law for collection ol- rlefcit stamp dLlly ',r'i ll in a period of six weeks from the rlzLte of presentation of ruch document by the petitioner' In crrse of collectingtht:dcficitstampduty,necessarycertificatir;rrbe I i ;I .{ 3 made on the document under Section 42 of the Act, 1899 and no endorsement as validation of the document be made 7 . The writ petition is accordingly allowed. Jhere shall be no order as to costs- Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. Date:79.06.2023 KH MUMMINENI SUDHEER KT'MAR, J