M/S. Natems Sugar Private Limited v. Sub - Registrar

HON'BLE SRI JUSTICE M.S.RAMACHANDRA RAO W.P.No.37922 of 2017 ORDER:

Heard Sri Vedula Venkata Ramana, learned Senior Counsel, appearing for Sri Gurram Ramachandra Rao, learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for respondents.

2.

Petitioner's grievance is that petitioner had presented two documents for the purpose of registration before 1st respondent which have been given pending document Nos.P2 and P3 of 2017 respectively by 1st respondent; that on 05-10-2017 1st respondent had communicated to the petitioner a proceeding stating that the said documents are not properly stamped and correct registration fee is not paid thereon by enclosing details of deficit stamp duty and deficit registration fee payable by the petitioner, that the petitioner is inclined to pay the same subject to right to challenge the same in the competent Civil Court without prejudice to his rights; and that 1st respondent be directed to receive the deficit stamp duty and deposit registration fee indicated in the proceeding dt.05-10-2017 and then register and release the documents to the petitioner. 3.

Learned Government Pleader for Assignment appearing for respondents states that if the petitioner pays the deficit stamp duty and registration fee indicated in the proceeding dt.05-10-2017, the 1st

MSR,J W.P.No.37922 of 2017 respondent will register and release the said document to the petitioner.

4.

Therefore, the Writ Petition is disposed of directing the petitioner to pay the deficit stamp duty and deficit registration fee on the said documents as indicated in the proceeding dt.05-10-2017 without prejudice his right to question in the competent Civil Court; and on payment of deficit stamp duty and registration fee, 1st respondent shall register the said documents and release them to the petitioner; and any such payment of deficit stamp duty and registration fee shall without prejudice to the rights of the petitioner to challenge the same before the appellate authority designated under the Indian Stamp Act, 1899. No costs.

5.

As a sequel, the miscellaneous petitions, if any pending, shall stand closed.

__________________________________ JUSTICE M.S.RAMACHANDRA RAO Date: 10-11-2017 kvr