THE HON’BLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 28188 of 2008 ORDER: The petitioner is aggrieved by the action of the 4th respondent in addressing letter, dated 26.11.2008, to the II Senior Civil Judge, City Civil Court, Hyderabad, whereby the 4th respondent furnished information with regard to assessment of stamp duty for registration of the subject sale deed executed through process of law in E.P.No.151 of 2005 on the file of the Court of the II Senior Civil Judge, City Civil Court, Hyderabad. According to the petitioner, the office of the II Senior Civil Judge, City Civil Court, Hyderabad, addressed a letter dated 03.11.2008 to the office of the 4th respondent, seeking information as to the current market value and the stamp duty to be levied on the subject sale deed. Pursuant thereto, the 4th respondent addressed the impugned letter dated 26.11.2008, to the II Senior Civil Judge, City Civil Court, Hyderabad, assessing the stamp duty for registration of the subject sale deed on the basis of the rate existing as on the date of execution of the subject sale deed. The grievance of the petitioner is that as she was diligently prosecuting the case all through without any delay on her part, the information with regard to assessment of stamp duty ought to have been called for on the basis of the rate as on the date of the judgment dated 03.12.2004 passed by this Court in CCCA.No.82 of 1993 or as on 31.12.2004, the date which was stipulated by this Court in the said CCCA.No.82 of 1993 for execution of the subject sale deed, or as on the date of filing of E.P.No.151 of 2005. Hence, this writ petition. At the hearing, learned counsel for the petitioner reiterated the aforesaid pleas. On the other hand, learned counsel for the respondent submits that pursuant to the judgment passed by a Division Bench of this Court in W.P.No.1649 of 2001, the Commissioner and Inspector General of Registration and Stamps issued a circular dated 01.05.2001 stating that the stamp duty payable on the sale deed executed under the decree of Specific Performance is to be calculated at the rate prevailing as on the date of execution of the instrument itself, and hence, the impugned letter cannot be said to be illegal. After going through the entire material placed before this Court and hearing the submissions of the learned counsel on either side, I am of the considered opinion that the stamp duty payable on the subject sale deed is to be calculated at the rate prevailing as on the date of execution of the subject sale deed, as such, there is no illegality in the impugned letter dated 26.11.2008 and the challenge to the impugned letter is without any legal basis. Thus, the writ petition is devoid of merits and the same is liable to be dismissed. Accordingly, the writ petition is dismissed. No order as to costs. _____________________ ASHUTOSH MOHUNTA,J 24.02.2011 v v