Disposed

Komaragiri Prabhakara Satyanarayana Rao v. State of Telangana

Telangana HC6 Mar 2025WP/6794/2025

Case brief

AI extract

What is this about?

Petitioner alleged excess stamp duty of Rs.10,71,100 was collected on a registered sale deed after duty had already been paid at impounding, and sought refund with interest. Counsel restricted the prayer to a direction to decide his pending refund application. The Court disposed of the writ petition without examining merits, directing disposal within three weeks.

What did the court decide?

Respondents directed to dispose of petitioner's refund application dated 30.07.2024 within three weeks per law, with notice and hearing; no costs.

Komaragiri Prabhakara Satyanarayana Rao Vs State… — Writ and Judicial Review | Telangana HC (2025)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO; 6794 OF 2025

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Between:

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Komaragiri Prabhakara Satyanarayana Rao, S/o. late Sunder Rama Rao, Aged. 69 years, occu. Advocate R/o. H.No.'|5-9-26, Saibaba Mandir Road, Opp. District Court Buildings, Kaviraj Nagar, Khanapuram Haveli, Khammam City and District. Telangana State.

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...PET|T|ONER AND

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State of Telangana, represented by its Secretary, (Revenue), Secretariat, Hyderabad.

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The Commissioner and lnspector General, Registration and Stamps, Telagana, Hyderabad.

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The District Registrar, Khammam

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The Joint Sub-Registrar -1 , Office District Registrar, Khammam

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of Respondents in collecting the excess amount of Rs.l0,70,1001 towards stamp duty on Regd.Sale deed bearing document No. 657512024 dl.1l7l2o24 of the Joint-Sub-Registrar, Khammam as against the provisions of lndia Stamp Act as illegal, and arbitrary and violative of principles of natural^justice etc and to direct the respondents to refund the above said amount with accrued interest @ 12 Percent p.a. to the petitioner and to grant such other just and consequential relief or reliefs as this Honourable Court may deem fit and proper in the circumstances of the case.

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Counsel for the Petitioner: SRI N.V.ANANTHA KRISHNA Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ^{Petition No.67ffi}

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ORDER:

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This writ petition is filed to declare the action of respondents in collecting the excess amount of Rs.1O,7O,lOO/towards starnp duty on registered sale deed bearing Doc.No.6575 /2024 dated O 1.07.2024 of the Joint Sub-Registrar, Khammam as against the provisions of Indial Stamp Act, 1899 and to direct respondents to refund the above said amount with accrued interest Ql l2oto p.a., to the petitioner

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The facts of the case are that petitioner claims to have purchased the agriculturai land to an extent of Ac.O-14 gts., at Sy.No.2O3, Khanapuram Haveli, Khammam under Agreement of Sale dated 11.i0.200 1 by paying a total sale consideration of Rs.14,OO,00O/-. Thereafter, certain disputes arose between the petitioner and his vendor with regard to execution of the registered sale deed. Subsequently, at the time of impounding the said document, petitioner has paid stamp duty. Thereafter, again at the time of registration of sale deed, petitioner was ir-rsisted to pay the stamp duty of Rs.10,71,100/- even though petitioner stated that stamp duty was already paid at the time of

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impounding. In this regald, petitioner has made an application on 30.07.2024 to the District Registrar for refund of excess stamp duly of Rs. 10,71,100/-. As there was no response from the respondent authorities, the present writ petition is filed

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Though various grounds are raised in the writ petition, learned counsel for the petitioner restricts his prayer seeking a direction to respondent authorities to dispose of the petitioner's application dated 30.07.2024 in a time bound period.

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Learned Assistant Government Pieader appearing on behalf of respondents submits that if the said representation is still pending for consideration, the respondent authorities may be directed to dispose of the petitioner's representation and pass appropriate orders in accordance with law.

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In view of the submission made by the learned counsel on either side and without going into the merits of the case, this writ petition is disposed of directing the respondent authorities to dispose of the petitioner's application, dated 30.O7.2024 and pass appropriate orders. strictly in accordance with law, as expeditiously as possible, prelerably within a period of three (03)

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::3::

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weeks from the date of receipt of a copy of this order by putting all the concerned parities on notice and after giving a fair opportunity of hearing to all the concerned parties and communicate the same to the petitioner.

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Accordingly this writ petition is disposecl of.

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Miscellaneous petitions, if any, pending in this writ

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petition shall stand closed. No costs.

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SD/-T.TIRUMALA DEVI TANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

o 1. Secretary, (Revenue), Secretariat, Hyderabad, State of Telangana.

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The Commissioner and lnspector General, Registration and Stamps, Telagana, Hyderabad.

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The District Registrar, Khammam

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The Joint Sub-Registrar -1 , Office District Registrar, Khammam

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One CC to SRI N.V.ANANTHA KRISHNA, Advocate IOPUC]

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Two CCs to GP FOR REVENUE, High Court for the State of Telangana, at Hyderabad. [OUTI

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Two CD Copies

,r@)

HIGH COURT

DATED:0 610312025

ORDER

WP.No.6794 of 2025

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Komaragiri Prabhakara Satyanarayana Rao v. State of Telangana

Case brief

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Komaragiri Prabhakara Satyanarayana Rao v. State of Telangana

Case brief

What is this about?

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