C V MANOHARAN Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed for a mandamus to set aside proceedings, dated 26.09.2012, of respondent No. 3, whereby he has determined deficit stamp duty at Rs. 1,79,980/- and levied penalty at 10 times the deficit stamp duty amount amounting to Rs. 17,99,980/-. I have heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.

(2.) The petitioner filed O.S. No. 101 of 2011 on the file of the learned III Additional District Judge, Tirupathi for permanent injunction against the owner of the premises. In the suit, the petitioner sought to rely upon an unregistered and insufficiently stamped rental agreement. The learned District Judge referred the document to respondent No. 3 for impounding. Accordingly, respondent No. 3 has issued the impugned proceedings, whereunder, as noted hereinabove, he has determined the deficit stamp duty and imposed penalty at 10 times the deficit stamp duty.

(3.) The learned counsel for the petitioner submitted that respondent No. 3 has arbitrarily exercised his power and that no reasons have been assigned by him for imposing the extreme penalty of 10 times the stamp duty.