M.Bhoopal Reddy v. The Executive Engineer (Randb)

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.16889 OF 2005 ORDER:

This writ petition was filed by the lessee of a tollgate on the bridge across river Manjira at kilometer 11/6 on Sangareddy-Nanded-Akola road for the period from 01.05.2002 to 31.03.2004 when he was asked to pay deficit stamp duty of Rs.4,29,125/-. He filed W.P.No.7967 of 2004 challenging the demand and the said writ petition was disposed of by order, dated 27.04.2004, directing the first respondent to refer the dispute to the second respondent for adjudication. While so, an amount of Rs.21,37,100/- was kept with the first respondent during the period as security deposit and the said amount was returned to the petitioner after deducting the stamp duty of Rs.4,52,505/- pursuant to the orders passed by this Court on 27.04.2004. The second respondent conducted enquiry and confirmed the deficit stamp duty at Rs.4,29,125/-. Challenging the same, the present writ petition is filed.

Since determination of stamp duty is an appealable order, this Court is not inclined to entertain the present writ petition. Liberty is given to the petitioner to file appeal before the appropriate Authority within thirty days from the date of receipt of copy of this Order and depending on the result of the Appeal, the petitioner can work out his remedies. The writ petition is accordingly disposed of. Miscellaneous petitions, if any pending, in this writ petition, shall stand closed. __________________________ A.RAMALINGESWARA RAO, J 15.06.2017 pln