NIRMALA BALDWA Vs. GOVT OF A P

JUDGEMENT

(1.) THIS writ petition is filed for a Mandamus to set aside notices dated 16.06.2010 and 30.01.2010, whereby the petitioners are called upon to pay Rs.6,49,000/- towards deficit stamp duty and registration fees on the Memorandum confirming deposit of the title deeds dated 28.03.2008. The petitioners sought for a consequential direction to respondent Nos.2 and 3 to register the Memorandum of deposit of title deeds, dated 28.03.2008 by collecting the stamp duty as per the provisions of Article 7 of Schedule IA of the Indian Stamp Act, 1899 (for short,"the 1899 Act") as amended by A.P. Stamp Act 19 of 2005.

(2.) THE petitioners have executed a deed in favour of respondent No.4 Bank in connection with a loan transaction. THE said instrument is titled as "Memorandum confirming deposit of the title deeds". When this instrument was presented for registration, respondent No.3 issued the abovementioned two notices calling upon the petitioners to deposit the deficit stamp duty by treating the instrument as a simple mortgage deed.

(3.) ON the basis of the above recital of clause 7, the learned Assistant Government Pleader submitted that the Instrument presented by the petitioners falls under Article 35(b) of Schedule IA and not under Article 7(a) of the 1899 Act.