T. Krishna v. The Government Of A.P.,
THE HON'BLE SRI JUSTICE A.V.SESHA SAI WRIT PETITION No.2496 of 2011 O R D E R:
This Writ Petition is filed under Article 226 of the Constitution of India, for the following relief:
"To issue a direction, order or writ more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.2 herein in issuing the impugned letter No. 597/Q/2007 dated. 23.3.2009 demanding the petitioner to pay alleged deficit stamp duty of Rs.71,425/- for execution of lease deed in respect of sand reach in Sarapaka, Burhampahad Mandal, Khammam District, for the year 2006-2007 as arbitary, illegal, contrary illegal, contrary to provisions of Indian Stamps Act and settled principles of law and consequently set aside the same."
2. By order dated 08.02.2011, this Court, while admitting the writ petition granted interim suspension as prayed for.
3. Learned counsel for the petitioner states that the lease period had already expired and the batch of cases pertaining to this issue had also been disposed of. A copy of the common order dated 10.04.2012 passed by this Court in W.P.No.17660 of 2008 and batch is placed on record and it demonstrates that this Court, taking note of the fact that the lease period had expired even in those cases, opined that nothing further remained to be adjudicated insofar as the leases were concerned and the writ petitions were accordingly disposed of with certain directions.
4. In terms of the above common order and for reasons alike as were mentioned therein, this writ petition is disposed of, leaving it open to the respondents to make a fresh demand for payment of higher stamp duty and registration fee than that already paid by the petitioner, if warranted, and in the event such a demand is made, it would be open to the petitioner to defend itself against such demand and also take recourse to all appropriate proceedings open to it in law. Miscellaneous Petitions, if any, pending shall stand closed. No costs.
_______________ A.V.SESHA SAI,J Dated:25.01.2016 grk
THE HON'BLE SRI JUSTICE A.V.SESHA SAI
WRIT PETITION No.2496 of 2011 Dated: 21st January, 2016 grk