THE HON'BLE THE CHIEF JUSTICE SRI NISAR AHMAD KAKRU and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 423 OF 2010 Dated: 08-06-2010 Between: Sunkara Sivaram ... APPELLANT AND The Government of Andhra Pradesh, rep., by its Secretary, Revenue Department, Secretariat, Hyderabad and three others ... RESPONDENTS THE HON'BLE THE CHIEF JUSTICE SRI NISAR AHMAD KAKRU and THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 423 OF 2010 JUDGMENT: (per the Hon’ble the Chief Justice Sri Nisar Ahmad Kakru) Agreement to sell executed by the appellant in favour of respondent No.3, sought to be enforced by medium of O.S No. 22 of 2007 is pending disposal in the Court of the Principal District Judge, Rajahmundry. Apart from objection of denial of execution raised in opposition to the suit, the appellant raised an objection on ground of deficiency of stamp duty which prevailed on the Court, resultantly document was impounded and sent to the District Registrar and Collector under the Indian Stamp Act – respondent No.2 for levying of appropriate stamp duty and collection thereof. Accordingly the Collector issued notice proposing stamp duty and penalty. No explanation was tendered by either party, consequently a sum of Rs.10,000/- levied as penalty. The same being not to the satisfaction of the appellant – petitioner, therefore a writ petition which came to be dismissed on the ground that power to impose the penalty vests in the respondent No.2 who has exercised his power within the ambit of section 40 (1) (b) of the Indian Stamp Act, 1899 with which no fault can be found. Being in agreement with the view taken by the learned single Judge, indulgence is declined. Dismissed. SANJAY KUMAR, J NISAR AHMAD KAKRU, CJ 08-06-2010 K. Shyleshi