Andhra Pradesh High Court
WP/31216/2024 of AMMIREDDY BHARATH NIRANJAN REDDY Vs THE STATE OF ANDHRA PRADESH on 31 December 2024
COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 31216 OF 2024
IN THE HIGH COURT OF ANDHRA PRADESH(Special Original Jurisdiction)
:: AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF[JUSTICE]AND
THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI
WRIT PETITION NO: 31216 OF 2024
Between:
AmmireddyBharathNiranjanReddy,S/o. AmmireddyKasiReddy,Aged about 38 Years, R/o. Flat No.13, Kamalesh Regency,[Block-2,]JKC College Road, Guntur District, Andhra Pradesh -[522006.]
...Petitioner
AND
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1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue(Registration-1) Department, Secretariat Buildings, Velagapudi,Amaravathi, Guntur District, AP.(Registration-1) Department, Secretariat Buildings, Velagapudi,Amaravathi, Guntur District, AP.
2. The Inspector General of Stamps and Registrations,[Government][ of]Andhra Pradesh, Vijayawada.Andhra Pradesh, Vijayawada.
3. The District Registrar, Stamps and Registration Department,[Guntur]District.District.
4. The Sub-Registrar, Stamps and Registration Department, Tadikondatown and Mandal Guntur District.town and Mandal Guntur District.
5. The Canara Bank, Rep. by it authorized Officer, ARM Branch, CircleOffice, Lakshmi Avenue Vijayawada, Krishna DistrictOffice, Lakshmi Avenue Vijayawada, Krishna District Petition under Article 226 of the Constitution of India praying that inthe circumstances stated in the affidavit filed therewith, the High Court maybe pleased to issue an appropriate writ, order or direction[more][ one]in thenature of Writ of Mandamus declaring the action of the RespondentsNo. 3and 4 herein non registering the sale certificate issued[dated][ 20.07.2024][ to]thepetitionerin the E-auction, conducted by the AuthorizedOfficerofCanara Bank, Vijayawada dated 19.04.2024 and demandingthe stampduty amount with respect to the market value instead of amount[ in] the salecertificate. Despite of the provision abundantly clear in the Indian StampAct, 1899 and The Registration Act, 1908, still demanding the stamp dutyon par with the market value is illegal, arbitrary and violation Articles 14, 21and 300- A of the constitution of India and of the Indian Stamp Act, 1899andtheRegistration Act,1908 and SARFEASIAct, 2002andseveraldecisionsof thisHon’ble Courtin WP No. 13905 of 2024dated04-12-2024 and also decisions of the Hon'ble Supreme Court and consequentlydirect the Respondent authorities to registered the property by collectingthe stamp duty on par with the amount in sale certificate.
iA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the[circumstances]stated in the affidavit filed in support of the petition, the High Court may bepleased to direct the 3rd and 4th Respondents to registered the propertyby collecting the stamp duty on par with the amountinsalecertificateissued by the 5th respondent, pending disposal of the main writ petition.
Counsel for the Petitioner: M/S K ARUNA
Counsel for the Respondent Nos. 1 to 4: GP FOR REGISTRATION ANDSTAMPS
The Court made the following order;
(«v
APHC010595572024IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
Sr.No:-ii[3483]
WRIT PETITION NO: 31216 of 2024
Ammireddy Bharath Niranjan Reddy
...Petitioner
Vs.
The State of Andhra Pradesh and others
...Respondents
**********
Advocate for Petitioner
:Ms. K Aruna
Advocate for Respondents:GP for Registration & Stamps for R.1to R.4to R.4
CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKURSRI JUSTICE RAVI CHEEMALAPATI
DATE: 31®‘ December, 2024
PC:
In a case involving similar questions of fact and law, by virtue of thejudgment and order dated 04.12.2024 passed in W.P.No.13905 of 2024, wehad allowed the petition.
2. Learnedcounselforthepartiesfairlystatethattheviewexpressed in the above mentioned judgment would clearly be applicable in thefacts and circumstances of the present case on hand.
3. Forthereasonsstatedinourjudgmentandorderdated04.12.2024 rendered in the aforementioned case, the same would apply onsimilar terms in the present case also.04.12.2024 rendered in the aforementioned case, the same would apply onsimilar terms in the present case also.
Ha & RC,JWP_31216_2024
costs.
4. Be that asit may, the Writ Petition is allowed.
No order as to
Pending miscellaneous applications, if any, shall stand closed.
Sd/- P.U.V.BHASKAR RAO//TRUE COPY//ASSISTANT REGISTRAR
To,SECTION OFFICERSECTION OFFICER
1. The Principal Secretary, Revenue (Registration-I) Department, State of-I) Department, State ofAndhra Pradesh, Secretariat Buildings, Velagapudi, Amaravathi, GunturDistrict, AP.District, AP.
2. The Inspector General of Stamps and Registrations, Government ofAndhra Pradesh, Vijayawada.Andhra Pradesh, Vijayawada.
3. The District Registrar, Stamps and RegistrationDepartment, GunturDepartment, GunturDistrict.
4. The Sub-Registrar, Stamps and RegistrationDepartment, TadikondaDepartment, Tadikondatown and Mandal Guntur District.
5. The authorized Officer, Canara Bank,arm Branch, Circle Office,arm Branch, Circle Office,Lakshmi Avenue Vijayawada, Krishna District.
6. One CC to M/s. K Aruna Advocate [OPUC]
7. Two CCs to GP For Stamps and Registration, High Court Of Andhra, High Court Of AndhraPradesh. [OUT]
8. Three CD Copies
GSC
HIGH COURTDATED:31/12/2024
ORDERWP.No.31216of 2024
ALLOWING OF THE WPWITHOUT COSTS
(; g2 3 JAN 2C25co/J^ Current Section