SUNKARA JYOTHI VENKATA SRAVAN v. THE STATE OF ANDHRA PRADESH
WP/19682/2025 · 2025-07-29
Subba Reddy Satti
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26944 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26944 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
V. • , APHC010381252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE '
" PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI iKl ,\o V- o, \o WRIT PETITION NO: 19682 OF 2025 Between: Sunkara Jyothi Venkata Sravan, S/o Late Krishna Bhagavan, Aged about 42 years, R/o D.No. 18-9-11 Aadivaram Bazaar, B.N.Road, Bhimavaram Bhimavaram Mandal, West Godavari District, - 534201 ...Petitioner AND
1. The State of Andhra Pradesh, Rep.by Principal Secretary to Government Revenue Department, A.P Secretariat, Velagapudi Guntur District, Andhra Pradesh - 522 238
2. The State of Andhra Pradesh, Rep. by Principal Secretary to Government Stamps and Registrations Department A.P Secretariat, Velagapudi, Amaravati Guntur District, Andhra Pradesh - 522 238
3. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh V.Square Building, K.S.R.Park Road, Ward No.2 Tadepalli, Guntur District, Andhra Pradesh - 522501
4. The Deputy Inspector General of Registration and stamps. Government of Andhra Pradesh, District Registrar Office compound, Eluru, Eluru district, Andhra Pradesh -534001
5. The District Registrar (MV and Audit), District Registrar Office compound, Eluru, Eluru district, Andhra Pradesh -534001
0^
6. The District Registrar, (Registration and Stamps) Bhimavaram, West Godavari District, Andhra Pradesh -534201
7. The Joint Sub-Registrar, O/o The Sub-Registrar, Bhimavaram West Godavari District, Andhra Pradesh -534201
8. The Sub-Registrar, O/o The Sub-Registrar, Undi Andhra Pradesh -534199 West Godavari, ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 8th respondent in issuing impugned notice dated 24-02-2025 demanding to pay the alleged deficit stamp duty of Rs.46,20,765/- and deficit registration fee of Rs.7,10,910/- and not considering my representation dated 27-03-2025 and not providing an opportunity of hearing and the action of the 5th respondent in issuing proceedings No. lAR No. 16/2024, dated 22-05-2024 and attaching/assigning Encumbrance on the property registered under the Doc.
No. 2662/2024, dated 18-04-2024 for amount of Rs.53,31,675/- as due to the Government towards the arrears of Revenue under Indian Stamp Act 1859, as the same is arbitrary, illegal, unconstitutional, contrary to the government instructions in the circular memo No.MV1/8483/2013-2 of C&IG dated 10-10-2013 and violative of Article 300A of the Constitution of India, high handed and without jurisdiction, and in blatant violation of the procedure prescribed by under law, and against the well settled principles of natural justice, and consequentially set aside and quash the impugned notice dated 24-02-2025 and all consequential encumbrance entries, by calling entire record culminating into issuance of the impugned notice dated 24-02-2025. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to
stay all further proceedings by suspending operation of the impugned notice dated 24-02-2025 issued by the 5th respondent, and all consequential actions including the encumbrance entries against the Doc No. 2662/2024, dated 18.04.2024, pending disposal of the above writ petition. lA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider and pass appropriate orders on the petitioner’s representation dated 27-03-2025, by following due process of law, and affording an opportunity of hearing, pending disposal of the above writ petition. Counsel for the Petitioner: M/S. LEO LAW ASSOCIATES LLP Counsel for the Respondent No.1: GP FOR REVENUE Counsel for the Respondent Nos. 2 to 8: GP FOR REGISTRATION AND STAMPS The Court made the following order:
APHC010381252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) mi [3331] WEDNESDAY, THE THIRTIETH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 19682/2025 Between: 1.SUNKARA JYOTHI VENKATA SRAVAN. S/0 LATE KRISHNA AGED ABOUT 42 YEARS, R/0 D.NO. 18-9-11 BHIMAVARAM BHAGAVAN AADIVARAM BAZAAR, B.N.ROAD, BHIMAVARAM MANDAL, WEST GODAVARI DISTRICT, - 534201 ...PETITIONER AND REP.BY PRINCIPAL 1.THE STATE OF ANDHRA PRADESH SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, A.P GUNTUR DISTRICT, ANDHRA SECRETARIAT, VELAGAPUDI PRADESH - 522 238 2.THE STATE OF ANDHRA PRADESH, REP.
BY PRINCIPAL SECRETARY TO GOVERNMENT STAMPS AND REGISTRATIONS A.P SECRETARIAT, VELAGAPUDI, AMARAVATI DEPARTMENT GUNTUR DISTRICT, ANDHRA PRADESH - 522 238 3.THE COMMISSIONER AND INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVERNMENT OF ANDHRA PRADESH V.SQUARE BUILDING, K.S.R.PARK ROAD, WARD N0.2 TADEPALLI, GUNTUR DISTRICT, ANDHRA PRADESH - 522501 4.THE DEPUTY INSPECTOR GENERAL OF REGISTRATION AND STAMPS, GOVERNMENT OF ANDHRA PRADESH, REGISTRAR OFFICE COMPOUND, ELURU, ELURU DISTRICT, ANDHRA PRADESH -534001 DISTRICT
SRS,J W.P.No. 19682 of 2025 5.THE DISTRICT REGISTRARMV AND AUDIT, DISTRICT REGISTRAR OFFICE COMPOUND, PRADESH -534001 ELURU, ELURU DISTRICT, ANDHRA 6.THE DISTRICT REGISTRAR, (REGISTRATION AND STAMPS) BHIMAVARAM, WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534201 7.THE JOINT SUBREGISTRAR, 0/0 THE SUB-REGISTRAR, BHIMAVARAM WEST GODAVARI DISTRICT, ANDHRA PRADESH - 534201 8.THE SUBREGISTRAR, 0/0 THE SUB-REGISTRAR, UNDI GODAVARI, ANDHRA PRADESH -534199 WEST ...RESPONDENT{S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue appropriate writ, order or direction, particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 8th respondent in issuing impugned notice dated 24-02-2025 demanding to pay the alleged deficit stamp duty of Rs.46,20,765/- and deficit registration fee of Rs.7,10,910/- and not considering my representation dated 27-03-2025 and not providing an opportunity of hearing and the action of the 5th respondent in issuing proceedings No. lAR No. 16/2024, dated 22-05- 2024 and attaching/assigning Encumbrance on the property registered under the Doc.
No. 2662/2024, dated 18-04-2024 for amount of Rs.53,31,675/- as due to the Government towards the arrears of Revenue under Indian Stamp Act 1859, as the same is arbitrary, illegal, unconstitutional, contrary to the government instructions in the circular memo No.MVI/8483/2013-2 of CMG dated 10-10- 2013 and violative of Article 300A of the Constitution of India, high handed and without jurisdiction, and in blatant violation of the procedure prescribed by under law, and against the well settled principles of natural justice, and consequentially set aside and quash the impugned notice dated 24-02-2025 and all consequential encumbrance entries, by calling entire record culminating into issuance of the impugned notice dated 24-02- 2025, and to pass
SRS,J W.P.No.19682 of 2025 lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Stay all further proceedings by suspending operation of the impugned notice dated 24- actions including the encumbrance entries against the Doc No. 2662/2024, dated 18.04.2024, pending disposal of the above writ petition, and to pass lA NO: 2 OF 2025 02-2025 issued by the 5th respondent, and all consequential Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to consider and pass appropriate orders on the petitioner’s representation dated 27-03-2025, by following due process of law, and affording an opportunity of hearing, pending disposal of the above writ petition, and to pass Counsel for the Petitioner:
1.LEO LAW ASSOCIATES LLP Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR REGISTRATION AND STAMPS The Court made the following:
:: ORDER:: Heard Sri G. Venkateswarlu, learned counsel for the petitioner, and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, appeared for the respondents. c
2. The petitioner, along with three others, purchased the land of an extent of Ac. 1.51 cents in Sy.No.355/2 and 359/1 of Bhimavaram Revenue Village, under the registered document dated 18.04.2024. Respondent No.8 issued a notice dated 24.02.2025 to the petitioner and others stating that the District
SRS,J W.P.No.19682 of 2025 Registrar, Eluru, conducted an inspection and found non-payment of appropriate stamp duty and hence, directed the petitioner and others to pay the balance stamp duty.
The petitioner submitted an explanation dated
27.05.2025.
Learned counsel for the petitioner would submit that without conducting any inquiry, the remark was passed in the Encumbrance Certificate about the alleged due. 3. 4. Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, while not disputing the notice and explanation, would submit that the District Registrar (Market Value Audi), Eluru, is the competent authority to adjudicate the issue. He would also submit that the District Registrar will pass appropriate orders by affording an opportunity of hearing to the petitioner. The same is recorded. Given the facts and circumstances of the case, without touching the merits of the matter, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the learned District Registrar (Market Value Audi), Eluru to pass appropriate orders by considering the explanation submitted by the petitioner, by affording an opportunity of hearing, as expeditiously as possible, preferably within four (04) weeks from the date of receipt of a copy of the order regarding the alleged undervaluation of document and payment of stamp duty as pointed out supra. The petitioner is at liberty to raise the grounds, if any. No order as to costs. 5. As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- SHAIK IWOHD. RAFI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government Secretariat, Velagapudi Guntur District, Andhra Revenue Department, A.P Pradesh - 522 238
2. The Principal Secretary to Government Stamps and Registrations Department A.P Secretariat, Velagapudi, Amaravati Guntur District, Andhra Pradesh - 522 238
3. The Commissioner and Inspector General of Registration and Stamps, Government of Andhra Pradesh V.Square Building, K.S.R.Park Road, Ward No.2 Tadepalli, Guntur District, Andhra Pradesh - 522501
4. The Deputy Inspector General of Registration and stamps. Government of Andhra Pradesh, District Registrar Office compound, Eluru, Eluru district, Andhra Pradesh -534001
5. The District Registrar MV and Audit, District Registrar Office compound, Eluru, Eluru district, Andhra Pradesh -534001
6. The District Registrar, (Registration and Stamps) Bhimavaram, West Godavari District, Andhra Pradesh -534201
7. The Joint Sub-Registrar, O/o The Sub-Registrar, Bhimavaram West Godavari District, Andhra Pradesh -534201
8. The Sub-Registrar, O/o The Sub-Registrar, Undi West Godavari, Andhra Pradesh -534199
9.
One CC to M/s. Leo Law Associates LLP Advocate [OPUC] lO.Two CCs to GP for Revenue High Court of Andhra Pradesh [OUT] 11.Two CCs to GP for Registration and Stamps High Court of Andhra Pradesh [OUT] 12.Two CD Copies TF
m d HIGH COURT DATED;30/07/2025
ORDER WP NO. 19682 OF 2025 I 0 2 SEP 2025 gl ^ . Current Section .
DISPOSING OF THE W.P. AT THE STAGE OF ADMISSION, WITHOUT COSTS