Telangana High Court
The Subregistrar, vs Dhanraj Soni, on 28 June, 2024
THE HON'BLE THE CHIEF JUSTICE ALOK ARADHE
AND
THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI
Writ Appeal No.435 of 2016
JUDGMENT:
(Per the Hon'ble the Chief Justice Alok Aradhe) Mr. Pottigari Sridhar Reddy, learned Special Government Pleader for the State of Telangana appears for the appellants.
Mr. Aly Ahmed Basith, learned counsel for the respondent.
2. In view of the prayer made, learned counsel for the appellants is permitted to implead the State of Telangana as an appellant. Let this be done during the course of the day.
3. This intra court appeal is filed against order dated 02.02.2015, passed by a learned Single Judge by which writ petition filed by the respondent viz., W.P.No.16523 of 2012 has been allowed.
4. Learned Single Judge has inter alia held that the stamp duty is payable only on a small share of the land in issue measuring Ac.0.01 guntas. The appellants have been directed to refund the excess stamp duty collected from the respondent (writ petitioner) after adjusting the stamp duty payable on Ac.0.01 guntas of land bearing ::2::
Survey Nos.65, 70, 71 and 72 of Jeedimetla Village, Qutubullahpur Mandal, Ranga Reddy District.
5. Learned counsel for the respondent submitted that the issue involved between the parties is no longer a res integra and has been answered by a Full Bench of the Andhra Pradesh High Court in T.G.Thimmaiah Chetty v. The District Registrar, Kurnool 1
6. The aforesaid submission is disputed by learned Special Government Pleader.
7. However, on perusal of the order passed by the learned Single Judge as well as the decision of the Full Bench of the Andhra Pradesh High Court, it is evident that the issue involved in this intra court appeal has already been answered by the Full Bench of the Andhra Pradesh High Court. The conclusion arrived at by the learned Single Judge is in consensus with the view taken by the Full Bench of this Court.
1 AIR 1986 AP 14 ::3::
8. The amount of excess court fee shall be paid by the appellants to the respondent within a period of eight weeks from the date of receipt of a copy of the order passed today.
9. Subject to the aforesaid direction, the appeal is dismissed.
No costs.
As a sequel, miscellaneous petitions, pending if any, stand closed.
__________________ ALOK ARADHE, CJ ________________________ ANIL KUMAR JUKANTI, J Date: 28.06.2024 LUR