The High Court disposed of a writ petition and I.A. seeking payment of differential stamp duty and release of documents. The Court ordered the respondents to release the Bank Guarantee upon the petitioners paying the covered amount.
Directing respondents to release the Bank Guarantee after the petitioners deposit the amount covered by it.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3256 ]
HIGH COURTFOR THE STATEOF TELANGANA AT HYDERABAD (SPecial OriginalJurisdiction)
WEDNESDAY,THE FIRST DAY OF MARCH TWO THOUSANDAND TWENTYTHREE
PRESENT
THE HONOURABLESRI JUSTICE MUMMINENI SUDHEERKUMAR
t.A. No.1 ol2O22 AND
WRIT PETITIONNO:21 727 0F 2008
W.P. NO. 21727 0F 2008
Between:
...PETITIONERS
AND
...RESPONDENTS
Petition under Article226 of the constitutionof lndiapraying that in the circumstancesstated in the affidavitfiled therewith, the High Court may be pleased to issue a writof Mandamus or any other appropriatewrit directing the Respondents3 to 5 to act in accordance with the law and registerthe pending documentof the petitionerbearingdocument No.428l2005dt.21-5-2005 in terms oftheGovt.MemoNo.2gS42lRegn.l(2)to6d1.12.9-2o07andreleasetheSaid documentafter due registrationto the petitionerand grant such other relief or
I ,I
ordersaSthisHon.bleCourtmaydeemfitandproperinthecircumstancesofthe case
l.A. NO:1OF 2OO8flIYPUP.NO: 28358oF 2008)
PetitionunderSectionl5lCPCprayingthatinthecircumstancesstated in the affidivitfiledin support of the petition, the High Court may be pleased to directtherespondentauthoritiestoforthwithtoregisterthependingdocumentof thepetitioner bearingdocument No 428/2005in accordancewith the Govt' Memodt.12-g.2ooTandreleasethesameafterdueregistrationtothepetitioner, pending disposal ofthe Writ Petition'
l,A NO:'loF 2022
Petition underSection 151 CPC praying that in the circumstances stated in the affidavitfiled in supportof the petition, the High courtmaybe pleased to directtherespond€ntstoreceivethechallanforthedifferentialstampduty amountpayable on the pending document Nos' Nos'427'428 '429' 430 of 2005' 1438 of 2005,which were registered as document Nos 2189' 8680' 2190'2191' 2192 of 2010.andrelease the Bank Guarantees submitted by the petitionersin the interestof iustice.
Counsel for thePetitioners: SRI' D' SRINIVASFOR il'S' G' JHANSI
CounselfortheRespondents:GPFoRGPFoRSTAmPSAND'REGISTRATIoN The Court madethe following: COMMONORDER
I
I l
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
I.A.No.1 of 2022 AND trIRIT ION No.2 1727 of 200a
COMMoNORDER:
Heard Sri D. Srinivas, learned Senior Counsel for the petitioners, and Iearned Government pleader for Stamps and Registration appearing for tJle respondents.
t--;-:'v
7 . Taking into consideration the submissions madc on either side, I.A.No.l of 2022 is ordered and the writ petition is disposed of permitting r he petitioners to pay the deficit stamp duty
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3
covered by the Balk Guarantee in question and on payment of such amount by the petidoners, the respondents are directed to release the BaIk Guarantee in farrcur of the petitioners. Thete
sha]I be no order as to costs.
Miscellaneous petitions, if aly, pending . in this writ
petition sherll stand closed.
SD/- MOHD. SANAULLAH ANSARI ASSISTANT REGIS
//TRUE COPY//
SECTION OFFICER
To,
II
HIGH COURT
DATED:01 10312023
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I
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21 t\Pfi 2sll
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COMMON ORDER
l.A. No.1 of 2022 AND
wRIT PETITION NO: 21727 OF 2008
l.A No. 1 of 20221S ORDERED AND DISPOSING OF THE WRIT PETITION WITHOUT COSTS.
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c1,ts
tv\fr, 4d4*
2 issues framed by the court
Whether the respondents should be directed to release the Bank Guarantee submitted by the petitioners pending completion of stamp duty payment.
Whether the pending documents should be registered and released after payment of the deficit stamp duty.
2 provisions across 2 enactments
L. Mr. L.P. Sashikumar and others
The Govt. of A.P.
Mummini Sudheerkumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
