THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5550 of 2010 Dated 20th October, 2010 Between: Smt. M. Sowbhagya Lakshmi …Petitioner And The Divisional Co-operative Officer, Guntur, and others …Respondents Counsel for the petitioner: Smt. Akella Padma Counsel for respondent Nos.1 and 3: Learned Assistant Government Pleader for Cooperation Counsel for respondent No.2: Mr. Sravan Kumar Mannava The Court made the following: ORDER: Irrational and lack of imaginative approach of the respondents has driven the petitioner to approach this Court by resorting to needless litigation. The husband of the petitioner was the original allotee of a house site by respondent No.2 Cooperative Society. After construction of a house thereon, the allottee has transferred the property in favour of his wife, who is the petitioner herein. Respondent No.2 passed a resolution on 11.11.2005 recommending the names of fourteen persons, who are the original allottees/legal heirs, for issue of a certificate by the registration authorities concerned. It has also resolved and certified that the said fourteen persons mentioned in its resolution are eligible to avail the concession in matter of payment of stamp duty and registration fee as the same were already paid along with the loan instalments. The name of the petitioner’s husband was shown at serial No.14 under the caption “original allottee” and that of the petitioner under the description “present occupant”. However, by proceedings dated 18.02.2006 of respondent No.3, exemption from payment of stamp duty and registration fee was granted only in favour of twelve persons and the names of two allottees including the petitioner and her husband have been deleted from the said proceedings. The petitioner is stated to have made a representation on 19.01.2010 to respondent No.2 for extending the benefit of exemption from payment of stamp duty and registration fee. As no relief has been granted to her, she has filed the present writ petition. At the hearing, the learned Government Pleader for Cooperation has fairly conceded that the husband of the petitioner, who was the original allottee, was entitled to the grant of exemption from payment of stamp duty and registration fee as the said components were included in the loan instalments cleared by him. He has, further, stated that after respondent No.2 passed its resolution dated 11.11.2005, a preliminary enquiry was made, during which it was found that the original allottee has transferred the property in favour of his wife i.e., the petitioner herein and that since exemption from payment of stamp duty and registration fee was made available either to the original allottee or his legal heirs, the name of the petitioner was not included in the list of the persons in whose favour exemption was given. I am unable to comprehend the approach of the respondents. For the mere reason that one of the legal heirs, namely, the wife of the original allottee has become the transferee from the original allottee, she does not cease to be the legal heir of the original allottee. This lack of comprehension on the part of the respondents has held up the registration sought by the petitioner. Since there is no dispute about the fact that the petitioner’s husband being the original allottee and the petitioner being his legal heir and the transferee are entitled to exemption from payment of stamp duty and registration fee, the writ petition deserves to be allowed. Accordingly, a Mandamus shall issue directing the respondents to forthwith grant exemption to the petitioner from payment of stamp duty and registration fee and register the property in question in favour of the petitioner. Subject to the above directions, the Writ Petition is allowed with costs of Rs.5,000/- (Rupees five thousand only) recoverable from respondent No.3. As a sequel to the disposal of the Writ Petition, W.P.M.P.No.7128 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 20th October, 2010 GHN