IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2038 OF 2010 Between: H.R.T. Builders .....PETITIONER AND Angadala Nagamalli Venkateswara Rao and others ....RESPONDENTS The Court made the following: THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2038 OF 2010 ORDER: This Civil Revision Petition, under Article 227 of the Constitution of India, is directed against the order, dated 22.02.2010, in O.S.No.104 of 2006, on the file of VIII Additional District and Sessions Judge (Fast Track Court), Vijayawada, whereunder and whereby, the trial Court directed respondent No.1/plaintiff to pay stamp duty and penalty on the document i.e., agreement, dated 27.04.2004. 2. Learned counsel for the petitioner/defendant No.4 contended that in view of the fact that there was a recital in the agreement, dated 27.04.2004, with regard to handing over of the possession, the stamp duty and penalty has to be collected under Article 6(B) of Schedule 1-A of the Indian Stamp Act, 1899 (for short, “the Act”). 3. As seen from the contents of the document, dated 27.04.2004, it is clear that respondent No.1 herein is the purchaser of one flat out of several flats in the area admeasuring 1839 square yards of site in Mugalrajapuram Village, Vijayawada Town, under Vijayawada Municipal Corporation. The recitals in the said document would clearly go to show that after constructing the apartments, one three bed room flat would be delivered to respondent No.1 herein. So, when the possession has not been delivered, the trial Court rightly directed respondent No.1 herein to pay the stamp duty as required under Article 6(A) Schedule 1-A of the Act. Therefore, the impugned order needs no interference by this Court. The petition is devoid of merit and is liable to be dismissed. 4. Accordingly, the Civil Revision Petition is dismissed. There shall be no order as to costs. _______________ K.C. BHANU, J October 06, 2010 MD THE HON’BLE SRI JUSTICE K.C. BHANU CIVIL REVISION PETITION No.2038 OF 2010 October 06, 2010