K VENKATANATHA REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed seeking a direction to the respondents to register the deed of relinquishment, dated 06.07.2005 as well as the sale deed executed in favour of the petitioner and his brothers by Police Officers Cooperative House Building Society Limited, Tirupathi (hereafter called, the Police Officers Society) in respect of the land in survey Nos.250/3 (Acs.0.47), 250/5 (Acs.0.67), 250/8 (Acs.0.05), 250/9 (Acs.0.09), 251/6 (Acs.0.32), 250/4 (Acs.0.05), 250/7 (Acs.0.05), 251/7 (Acs.0.16) and 251/5(Acs.0.37) of Tiruchanur village, Tirupathi Rural Mandal of Chittoor District (hereafter called, the subject lands) and for such other orders as it deems fit. Government of Andhra Pradesh; the Commissioner and Inspector General of Registration and Stamps, Andhra Pradesh; the District Registrar, Chittoor District; and the Sub-Registrar, Renigunta are shown as respondents. The petitioner obviously seeks a direction to the fourth respondent though the others are arrayed as contesting respondents.

(2.) The petitioner and his brothers, M/s Sainatha Reddy, Gopinath Reddy and Viswanatha Reddy are allegedly owners and possessors of the subject lands and the petitioner claims to be absolute owner of the lands in survey Nos.251/7 (Acs.0.38), 249/3 (Acs.1.06), 250/2 (Acs.0.71), 250/6 (Acs.0.07), 250/4 (Acs.0.16), 251/2 (Acs.0.16) and 250/9(Acs.0.03) situated at Tiruchanur village, Tirupathi Rural Mandal. It appears there was an understanding among the brothers and Police Officers Society. As a result of this, the said Society executed deed of relinquishment on 6/7/2005 in favour of the petitioner and his brothers in respect of the subject lands. The same was presented before the fourth respondent for registration. The petitioner also obtained a sale deed, dated 7/7/2005, in his favour in respect of the lands, which are claimed by him in survey Nos.251/7 etc for consideration of Rs.41,12,000.00. The sale deed was also presented for registration. The fourth respondent directed the petitioner and his brothers to pay the stamp duty on the value of land @ Rs.2,61,000.00 per acre for the lands in survey Nos.249/2 to 249/5 and 251/3 to 251/8 and Survey No.250/3. The fourth respondent also advised the petitioner and his brothers to pay stamp duty as well as registration fee @ Rs.15,98,000.00 per acre in respect of the lands in survey Nos.250/2, 250/4 to 250/8 and 251/9 and 251/10. The petitioners accordingly paid the stamp duty and registration charges. Nonetheless, the fourth respondent did not release the documents on the ground that the petitioner is required to pay the revised rates of stamp duty. Aggrieved by the same, the petitioner filed writ petition being W.P.No. 17412 of 2005. This Court disposed of the same on 31/8/2005 directing the respondents to process the documents of the petitioner in accordance with law. In spite of the same, the documents were not released after due registration obliging the petitioner to pay the rates prevailing after 1/8/2005. Therefore, the present writ petition is filed.

(3.) This Court while admitting the writ petition on 13/6/2006 passed interim orders in W.P.M.P.No.6915 of 2006 directing the fourth respondent to release the relinquishment deed, dated 6/7/2005 as well as the sale deed, dated 7/7/2005, on condition of petitioner giving undertaking to pay difference of stamp duty with reference to revision of rates in the event of writ petition being dismissed. As the documents were not registered even after receipt of the interim orders, Contempt Case being C.C.No.660 of 2006 is filed under Sections 10 to 12 of the Contempt of Courts Act, 1971. As the respondents filed W.V.M.P.No.1052 of 2006, all the matters are heard together. The writ petition and the contempt case are being disposed of by this order.