High Court · 2025

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 Respondent No 2 herein in refusing to receive the deficit stamp duty prevailing as on 19-05-2011 and impounding the Agreement of Sale dated 19/05/20'1 1 as per sections 31 , 32' 33 and 41 of lndian Stamp Act' in respect of land admeasuring 318 Sq Yaids'' in Sy No'104' situated at Chandrababu Colony' Godavarikhani, Ramagunda,h Mandar, Karimnagar District, as illegal' arbitrary' in violation of principles of Natural Justice beside being in violation of lndian Stamp Act and consequently to direct the respondent No 2 herein to impound the Agreement of Sale dated 19-05-201 1 as per sections 31 ' 32' 33 and 41 of lndian Stamp Act in respect of land admeasuring 318 Sq Yards ' in Sy'No 104' situated at Chandrababu Colony' Godavarikhani' Ramagundam Mandal' Karimnagar the deficit stamp duty prevailing as on 1 9-05-201 1 . District, forthwith ny '""ei'lng lA NO: 1 OF 2O25 Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 herein to impound the Agreement of sale dated 19-05-2011 by leving minimum penarty as per sections 31 , 32, 33 and 41 of lndian Stamp Act in respect of rand admeasuring 3'rB sq.yards., in sy.No.104, situated' at chandrababu corony, Godavarikhani, Ramagundam Mandar, Karimnagar District, forthwith by receiving the deficit stamp duty prevailing as on 19-05-2011, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER ,r THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No. 235O6 of 20.25 ORD ER: Heard Sri Katika Ravinder Reddy, learned counsel appearing for the petitioner and Smt' S'sravanthi' 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. Learnecl 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 19'06 '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 aplropriate 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. L5322 of 2023, dated 19'06 '2023' this writ petition 1S disposed of by setting aside the impugned Memo t i \ e: 2 No. G 1 / 289 4 / 2025, dated 07 .OT .2025 and, respondent No. 2_ District Registrar is directed to receive the Agreement of Sale, dated 19.05.20 11, sought to be presented by the petitioner and process the same in accordance vrith law for collection of deficit stamp duty within a period of six weeks from the date of presentation of such document by the petitioner. In case of collecting the deficit stamp duty, necessary certification be made on the document under Section 42 of the Act, 1g99 and no endorsement as va-lidation of the document be made.

5. Accordingly, the Writ Petition is disposed of. No order as to costs. 6' Registry is directed to annex copy of the order in W.P.No. 15322 of 2023, dared 19.06.2023 atong with this order. 7 Miscellaneous petitions, if any, pending in this writ petition, shall stald close d To, i/TRUE COPYII SD/.K. SREE RAMA MURTHY DEPUTY REGISTRAR SECTION OFFICER 1 The Principql Secretary (Stamps and Hyderabad. State of Telinqana. The District Registrar, Karimnagar District \ 2 Registration), Secretariat Building, .l i I 3 One CC to SRI KATIKA RAVINDER REDDY' Advocate IOPUCI . :if"i"ft,,:,.,?m1{itSJ.t *'o't'*o''oN' High court ror the State

5. Two CD CoPtes (Along with the copy of order dated 19'06'2023' in W.P.No.15322 oI 20231 \ BSR BS t HIGH COURT DATED:1 1to8t2121 \ i \, I I r SF- I Ir- a o( J o ( UBt12 M 6 l: il t €D r -u'tt _ ,// ,-..:-;/ ORDER WP.No.23506 of 2O2S DISPOSING OF THE WRIT PETITION, WITHOUT.COSTS THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITIO N No.1 5322 of 2023 ORD ER: Heard learned counsel appearing for the petitioner and Iearned Assistant Government Pleader for Stamps and Registration appearing [or the respondents This writ petitlon is filed seeking a writ of mandamus to 2. declare the action of rcspondent No 3 in not validating the Simpte Sale Deed, dated 26 02 2016' sought to be submitted by rhc petitioner, by issuing Memo No'G1/243012023' dated 3l .O5.2O23, as ille gal and arbitrary' and consequently to set aside the Memo, dated 3I O5'2O23' and to direct respondenl No.3 to validate the satd 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-ared' 26'c,2'2O16' 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 receivingthesaiddocumentforthepurposeofcotlectionof deficit stamp duty tlence' the petitioner approached this Court by itling the present writ petition

4. The relevant provisions dealing with the subject matter o[ collection of deficit stamp duty, impounding of document etc., are dealt with Sections 31, 32, 33, 4l and 42 etc., of the indian Stamp Act, 1899 (for short, ,the Acr, I g99 J 5, In the Iight of the above provisions of the Act, 1899, it is obligatory on the part of rcspondent No-3 to recerve and process the document for collection of deficit stamp dury and as and when a document is not duly stamped, the samc is to be brought to his notice. Any action on the part ol respondent No.3 in refusing to receive the Simple Sate Deed, dated 26.02.2Oi6, for the purpose of collection of dehcit stamp duty, as provided under the provisi.ns of the Act, 1g99, is not in accordance with law.

6. In the circumstances, without going into the lncrlts of the case, the impugned Memo, dated 3l_05.2023, is set asrde and respondent No.3 is directed to receive the Simple Sale Deed, dated 26.O2.2Oi6, soulht to be presented by the perrtioner and process thc same in accordance with law for collection of deficit stamp duty within a period of six weeks from the date of presentation of such docrrment by the petitioner. ln case of collecting the deficit stamp duty, necessary certification be .tt made on the document under Section 42 of |ne Act' 1899 and no endorsement as validation of the document be made' 7 The writ petition is accordingly allolved There shall bc no order as to costs. Miscellaneous Petitions, if any' pending in this writ petition shall stand closed ' MUMMINENI SUDHEER KUMAR' J Date:19.06.2023 KH