BOMMAJI DANAM Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The petitioner intended to purchase an extent of Ac.3.22 cents of land in Survey Nos. 143 and 144/1 of Kandulapuram Village, Cumbum Mandal, Prakasam District from one Mr. Shaik Abdul Ravoof. The sale deed executed on 28.09.2005 was presented for registration before the Sub-Registrar, Cumbam, 3rd respondent herein. Stamp duty of Rs. 6,390/- and registration charges of Rs. 355/- were paid. The 3rd respondent felt that the stamp duty paid on the document is inadequate. He referred the matter under Section 47A of the Indian Stamp Act (for short 'the Act') to the District Registrar, Ongole. The latter in turn issued notice, dated 19.04.2007 to the petitioner requiring him to explain as to why the deficit stamp duty of Rs. 3,02,205/- and registration charges of Rs. 16,790/- be not levied on him. The petitioner states that on receipt of the show cause notice, he submitted a representation. Before any order was passed by the District Registrar, Ongole, a new District of Registration for Markapur was created and the file was transmitted to the District Registrar, Markapur, 2nd respondent herein. He passed an order dated 01.02.2008 confirming the facts and figures mentioned in the show cause notice.

(2.) The petitioner filed C.M.A.No. 3 of 2009 in the Court of Senior Civil Judge, Markapur. The appeal was dismissed on 15.03.2012 confirming the order dated 01.02.2008 passed by the 2nd respondent. Hence, this writ petition.

(3.) Sri A.V. Sivaiah, Learned Counsel for the petitioner submits that the show cause notice was issued by the 1st respondent, whereas the impugned order was passed by the 2nd respondent without taking any further steps. He contends that when the file was transmitted to the 2nd respondent, he ought to have issued an independent notice and given an opportunity to the petitioner. He submits that the lower appellate Court did not take into account the serious defect that occurred in the proceedings.