IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION No: 10208 of 2009 Between: M/s. Cyrus Investments Ltd., a company incorporated under the Companies Act, having its regd. at Bombay, Represented by its General Power of Attorney Dr.P.S. Prasad S/o. Late P.S.Rao R/o. 506, Sharma Complex, S.D. Road, Secunderabad. ..... PETITIONER AND The Joint Sub Registrar-I, Ranga Reddy District at Moosapet, Hyderabad. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ of Mandamus or any other appropriate writ directing the respondents to act in accordance with law and release pending documents vide P.847 and 848 of 2008, dated 28.06.2008 to the petitioner after due registration by treating the same as a release deed for the purpose of stamp duty and registration charges and grant such other relief as it deems fit in the circumstances of the case. Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE B.PRAKASH RAO WRIT PETITION No: 10208 of 2009 ORDER: Heard Sri Vedula Venkataramana, learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondent, and at their request the writ petition is taken up for disposal at the admission stage itself. This writ petition is filed questioning the inaction on the part of the respondent in releasing the pending document Nos.847 and 848 of 2008, dated 28.06.2008, to the petitioner after due registration by treating the same as release deeds for the purpose of stamp duty and registration and registration charges. The case of the petitioner is that pursuant to the final decree passed in C.S.No.14 of 1958 in application No.517 of 1998 it obtained two relinquishment/release deeds, dated 28.06.2008, and the same were submitted to the respondent for registration and the said documents were given pending registration Nos.847 & 848 of 2008. It is, however, stated that the respondent authority, without taking any objection, is neither registering those documents nor passing any orders thereon. Earlier, when the matter came up for admission, the learned counsel for the petitioner was heard and the matter was adjourned at the request of the learned Government Pleader for obtaining necessary instructions. Now, it is stated by the learned Government Pleader that the only objection appears to be taken by the respondent is to treat those documents as sale deeds instead of treating them as release/relinquishment deeds for the purpose of collection of stamp duty. The said objection on the face of it is incorrect and not valid. On perusal of the documents and as contended by the learned counsel for the petitioner, I am of the view that the documents in question are only release/relinquishment deeds and stamp duty has to be calculated accordingly, but not as sale deeds, as they do not meet the parameters for a sale deed. Therefore, the writ petition is allowed directing the respondent to register and release the pending document Nos.847 and 848 of 2008, dated 28.06.2008, to the petitioner duly treating the same as release/relinquishment deeds and after collecting the stamp duty accordingly. No order as to costs. --------------- 28.05.2009 CVRK