PEDDI KOTESWARI Vs. DISTRICT REGISTRAR, KARIMNAGAR

JUDGEMENT

(1.) THE petitioner prays for writ of Mandamus declaring the return of document No.P.459/1997 by 2nd respondent for the property bearing House No. 6 -4 -170 (new), 6 -4 -125 (old) at Sivajinagar, Karimnagar to 3rd respondent, as illegal, arbitrary, contrary to the provisions of the Indian Stamp Act, 1899 ( for short the Stamp Act) and unconstitutional.

(2.) THE case of petitioner is that the 3rd respondent is the owner of property bearing No.6 -4 -125 measuring 671 square yards at Shivajinagar, Karimnagar. On 06.06.1997, the petitioner purchased the said property for a total consideration of Rs.1,50,000/ -. The petitioner was put in possession of the house property on the execution of document on even day. On 06.06.1997, the deed was presented for registration before the 2nd respondent and the same was kept pending registration as document No.P.459/1997. The 2nd respondent was not satisfied with the sale consideration shown in the subject document and the payment of stamp duty. The 2nd respondent under Section 47 - A of the Stamp Act referred the matter for adjudication to the 1st respondent. Through proceeding No.M.V -2/1507/1997 dated 15.05.2002, 1st respondent determined the value of the property covered by document No.P.459/1997 dated 06.06.1997 as Rs.7,02,500/ - and the stamp duty payable was determined at Rs.66,300/ -.

(3.) IT is further averred that on 26.10.2004, the petitioner approached the 1st respondent to pay the deficit stamp duty and get the document released. Through Memo No. M.V. -2/1507/97 dated 27.10.2004, the 1st respondent called upon the petitioner to approach the 2nd respondent for redressal of petitioners request. The petitioner approached the 2nd respondent and the petitioner was informed by the 2nd respondent that document No.P.459/97 was returned without registration to 3rd respondent herein. On coming to know the return of document to 3rd respondent an application for grant of registered copy was made. The 2nd respondent through letter No.180/2004 dated 26.12.2004 returned pending document No.P.459/97 returned unregistered, to the 3rd respondent on 14.10.2004. It is further stated that the deficit stamp duty was collected from the 3rd respondent.