THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION No.21288 of 2011 ORDER: The relief sought for in this Writ Petition is to declare the action of the Sub-Registrar, Karimnagar (second respondent), in not registering the sale deed dated 21.07.2011 presented by the petitioner, as illegal and arbitrary. A counter affidavit is filed by the second respondent wherein reference is made to an earlier registration whereby stamp duty of Rs.11,27,690/- was found to be in deficit by the petitioner; and he was called upon to pay the deficit stamp duty by notice dated 18.07.2011. Section 41-A of the Indian Stamp Act, 1899 (the Act) prescribes the procedure for recovery of stamp duty short levied, and enables the Collector to recover the stamp duty by giving the person, who is liable to pay the stamp duty, an opportunity of showing cause. It is the second respondent’s case that he did not refuse to register on the ground that the stamp duty was found to be in deficit, but the petitioner himself has not presented the document for registration, and has instead invoked the jurisdiction of this Court. While proceedings for recovery of the stamp duty pursuant to the notice dated 18.07.2011 may go on, the second respondent shall receive the document, and consider its registration, in case it is presented for registration within a period of three weeks from today, in accordance with the provisions of the Act, the Registration Act, 1908 and the rules made under both the enactments and, in case of rejection, pass a reasoned order in accordance with law. The Writ Petition stands disposed of accordingly. However, in the circumstances, without costs. RAMESH RANGANATHAN,J Date:17.11.2011 usd