Disposed

Sammeta Venkayamma, v. The Commissioner and Inspector General of Registration and

Telangana HC8 Apr 2008WP/5468/2008

Case brief

AI extract

What is this about?

The High Court held that a petitioner challenging orders for payment of deficit stamp duty must approach a competent Civil Court under Section 77 of the Registration Act. The writ petition was disposed of with liberty to file the civil suit.

What did the court decide?

The petitioner was granted liberty to approach the competent Civil Court to file a suit under Section 77 of the Registration Act.

Sammeta Venkayamma, Vs The Commission… — Constitutional and Fundamental Rights | Telangana HC (2008)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE EIGHTH DAY OF APRIL TWO THOUSAND AND EIGHT

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PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5468 of 2008

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Between:

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Sammeta Venkayamma, W/o. Veera Raghavaiah, R/o. Isukapalli Village, D.NO. 7-11-75, 14th Ward, Repalle Mandal, Guntur District.

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..... PETITIONER

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AND

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1 The Commissioner and Inspector General of Registration & Stamps, A.P., Hyderabad. 2 The District Registrar/Collector, Guntur District. 3 The Sub-Registrar, Repalle, Guntur District.

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.....RESPONDENT(S)

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Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue any Writ, order or direction, more particularly a "Writ of Mandamus" declaring the order in Proceedings NO. G6 47-A 11/2003 dated 6-11-2003 passed by the 2nd respondent herein as confirmed in Proceedings in Letter No. MV4/19724/2007 dated 11-12-2007 is illegal, improper unjust and contrary to law besides being violative of Art. 14 of the Constitution of India and consequently direct the respondents herein to complete the process of registration in respect of sale deed dated 13-92003 of Petitioner being an extent of Ac. 1-00 wet land in S.No. 115/1 to 19 situated at Isukapalli Village, Guntur District and pass

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Counsel for the Petitioner:MR.A.MADHU SUDHANA RAO

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Counsel for the Respondent No.: GP FOR REVENUE

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The Court made the following :

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THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No. 5468 of 2008

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Order:

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Questioning the orders dated 11.12.2007, passed by the 1^st respondent, namely the Commissioner and Inspector General of Registration and Stamps, Hyderabad, confirming the proceedings, dated 06.11.2003, of the 2^nd respondent, namely the District Registrar, Guntur District, and directing the petitioner to pay deficit stamp duty and registration fee as determined for registration of the document produced by her, the present writ petition is filed.

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue.

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As against the orders impugned in this writ petition, it is submitted by the learned Assistant Government Pleader for Revenue and admitted to by the learned counsel for the petitioner that the petitioner has to approach the Competent Civil Court and file suit under Section 77 of the Registration Act.

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In the circumstances, the writ petition is disposed of with the following directions:

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The petitioner is at liberty to approach the Competent Civil Court and file suit under Section 77 of the Registration Act, against the impugned orders passed by Nos.1 and 2.

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Accordingly, the writ petition is disposed of. No costs.

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___________________ N.V. RAMANA, J.

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Date: 08.04.2008 Nsr

..... REGISTRAR

// TRUE COPY //

SECTION OFFICER

To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}

Sammeta Venkayamma, v. The Commissioner and Inspector General of Registration and

Case brief

What is this about?

What did the court decide?

Sammeta Venkayamma, v. The Commissioner and Inspector General of Registration and

Case brief

What is this about?

What did the court decide?

What the court decided

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