IN THE HIGH COURT OF JUDICATURE ANDHRA PRADESH AT HYDERABAD TUESDAY THE TWENTYFOURTH DAY OF NOVEMBER TWO THOUSAND AND NINE PRESENT THE HON’BLE SMT. JUSTICE T. MEENAKUMARI AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1 4 5 5 OF 2004 Between: M/s. Vidyut Industrial Corporation, R.P. Road Secunderabad Represented by its Sole Proprietress Mrs. Maya Rani Jain … Appellant V/s. The Sub-Registrar, Bhongir, Nalgonda district & Anr. … Respondents Counsel for the appellant : Sri Minnikanti Laxmiprasad Counsel for the Respondents : GOVT.PLEADER FOR REVENUE THE HON’BLE SMT. JUSTICE T. MEENAKUMARI AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1 4 5 5 OF 2004 J U D G M E N T : (Per the Hon’ble Sri Justice Sanjay Kumar) The appellant-corporation participated in the auction held by the Official Liquidator of this Court on 18-9-2002 and purchased the subject property, having emerged being the highest bidder at Rs.65,00,000=00. The Official Liquidator executed sale deed on 07-10-2003 in favour of the appellant-corporation, which was presented before the Sub-Registrar, Bhongir for registration on 17- 10-2003. However, the Sub-Registrar, Bhongir, entertained a doubt with regard to the valuation of the document for stamp duty and referred the case under Section 47-A of the Indian Stamp Act, 1899 for determination of the market value and the stamp duty payable thereupon. Aggrieved thereby, the appellant-corporation filed Writ Petition No.14572 of 2004, relying upon a judgment of this Court in M. Venkata Ramana V/s. Collector & District Registrar reported in 1998 (2) APLJ-101 (HC), and stating that the Sub- Registrar, Bhongir ought not to have referred the matter to the Collector under Section 47-A of the Act keeping in mind the fact that the property was purchased by the appellant-corporation in a public auction. The learned Judge, however, disposed of the writ petition at the admission stage leaving it open to the appellant- corporation to file its objections before the Collector; raising all the grounds raised in the writ petition, including the very objection to the reference made by the Sub-Registrar, Bhongir, under Section 47-A of the Act. The Collector was directed to pass appropriate orders thereupon within a period of two weeks after due intimation to the writ petitioner. Aggrieved by the order of the learned single Judge, the appellant-corporation preferred this appeal. 2. It is brought to our notice that in the meanwhile the Government of Andhra Pradesh issued GO.Ms.No. 759, Revenue (Registration-I), dated 24-6-2006 with reference to the subject transaction, stating that registration fee was leviable on the amount of Rs.65,00,000=00 being the consideration paid by the appellant- corporation for the purchase of the subject property in the public auction held by the Official Liquidator. In the light of the instructions issued by the Government itself, it is clear that no cause survives for consideration and the appellant-corporation and the Sub- Registrar, Bhongir are bound to abide by the said instructions of the Government. In such view of the matter, no further orders are required to be passed in this case. In the event the appellant- corporation is still aggrieved by any action on the part of the authorities in respect of the stamp duty leviable on the subject document, it is open to the appellant to agitate the same before the appropriate forum by producing a copy of the instructions issued by the Government of Andhra Pradesh in GO.Ms.No.759, Revenue (Registration-I) dated 24-6-2006. 3. The writ appeal is accordingly disposed of. There shall be no order as to costs. ________________________ JUSTICE T. MEENAKUMARI _____________________ JUSTICE SANJAY KUMAR 24 – X I - 2009 I s L THE HON’BLE SMT. JUSTICE T. MEENAKUMARI AND THE HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No. 1 4 5 5 OF 2004 Judgment of the Division Bench delivered by the Hon’ble Sri Justice Sanjay Kumar Circulation Entry Serial No. 5 1 Computer No.43 Date:24-XI-2009 I s L