SYED TAJUDDIN Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) This writ petition is filed to declare the action of respondent No.3 in fixing the stamp duty of Rs.1,24,950.00 and imposing three times penalty to Rs.3,74,850.00 totalling to Rs.4,99,800.00 on an unregistered agreement of sale dtd. 17/9/2020 under proceedings No.IMP/2202/2023 dtd. 15/2/2024 as illegal and arbitrary and also against the order in W.P.No.34006 of 2023 dtd. 20/12/2023 and consequently direct respondent No.2 to fix stamp duty on unregistered Agreement of sale dtd. 17/9/2020 as per Article 6 Schedule 1A of the Indian Stamp Act as amended by Telangana State.

(2.) Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing on behalf of respondents. Perused the record.

(3.) The brief facts of the case are that the petitioner filed suit for specific performance vide O.S.No.28 of 2003 pending on the file of IV Additional District Judge, Mahabubnagar against one K.Chenna Reddy for specific performance. The Sub- Registrar, Mahabubnagar is defendant No.2 therein. It is submitted by learned counsel for the petitioner that the IV Additional District Judge while issuing notice in I.A.339 of 2023 in said O.S.No.28 of 2023 granted an ad-interim exparte injunction restraining respondent No.1 not to create any 3rd party interest in respect of the suit schedule property therein. The said injunction order was extended from time to time.