Verma Realtors Private Limited v. State of Andhra Pradesh Rep.
2023-03-23
MUMMINENI SUDHEER KUMAR
body2023
DigiLaw.ai
ORDER : This Writ Petition is filed challenging the notice bearing No.25 of 2009, dated 21.01.2009, wherein the petitioner is required to pay the deficit stamp duty amount of Rs.12,25,75,285/-. 2. Heard Sri B.Krishna Reddy, learned counsel for the petitioner and Ms. Chandana Adamala, learned Assistant Government Pleader for Stamps and Registration. 3. This Court, by an interim order, dated 27.04.2010, directed respondent No.3 to register and release the Assignment Deed in question in favour of the petitioner. However, the said registration and release of the document was subjected to the result of this Writ Petition. 4. The facts that lead to filing of the present Writ Petition are that, originally the property, which is the subject matter of Assignment Deed was leased out in favour of M/s. Hyderabad Allwyn Limited (previously known as Hyderabad Allwyn Metal Works Limited) under a registered Lease Deed, dated 08.01.1963, for a period of 99 years i.e., land admeasuring Acs.7.31 gts., in Fatehnagar Village, Sanathnagar, Hyderabad. The leasehold rights that were acquired by M/s. Hyderabad Allwyn Limited are sought to be assigned in favour of the petitioner herein in respect of an extent of 22,104 Sq. Mts together with structures standing thereon and the said Assignment Deed, dated 13.06.2008 was presented for registration. But the same was kept pending by respondent No.3 on the ground that the said Assignment Deed is required to be treated as a Conveyance Deed under Section 47A of Schedule 1A of the Indian Stamp Act, 1899 and that the petitioner has to pay the deficit stamp duty accordingly. Thus, respondent No.3 demanded the petitioner to pay the said deficit stamp duty of Rs. 12,25,75,285/- within fifteen (15) days from the date of receipt of the notice. Aggrieved thereby, the present Writ Petition is filed. 5. Respondent No.3 filed counter affidavit stating that under clause 12 of the Assignment Deed, all the rights, title, interest claim and demand, whatsoever in the said property acquired under the lease deed, dated 08.01.1963, are being assigned in favour of the petitioner herein and the same would amount to conveyance of the entire property and as such, the Assignment Deed in question is required to be treated as a conveyance deed and stamp duty is to be paid under Section 47A of the Indian Stamp Act, 1898. 6.
6. Thus, by treating the Assignment Deed in question as conveyance deed, the alleged deficit stamp duty, was demanded to be paid by the petitioner. There is no dispute about the executant of the Assignment Deed in question who is only a leaseholder having acquired leasehold rights under registered Lease Deed, dated 08.01.1963, over the subject property and it is only the leasehold rights that are acquired by the executants of the Assignment Deed in question, are being assigned/transferred in favour of the petitioner herein. The very executants of the Assignment Deed itself does not have any title over the property and it is only the rights under registered Lease Deed, dated 08.01.1963, are being assigned in favour of the petitioner. Even in terms of clause 12 of the Assignment Deed in question also, it is only the right, title, interest claim and demand, whatsoever in the said property in question under the Lease Deed, dated 08.01.1963 are only being assigned in favour of the petitioner herein. Thus, there is no confusion or ambiguity that it is only the leasehold rights that are being assigned in favour of the petitioner herein under the Assignment Deed in question. In the circumstances, the reliance placed by respondent No.3 on clause 12 of the Assignment Deed in question is totally misconceived, and the same is a result of misunderstanding of the said clause. A reading of the entire Assignment Deed in question also supports that it is only a deed assigning the leasehold rights covered by the registered Lease Deed, dated 08.01.1963 in favour of the petitioner and nothing else. 7. In the circumstances, this Court is of the considered opinion that the impugned notice issued by respondent No.3 calling upon the petitioner to pay the deficit stamp duty by treating the deed in question as conveyance deed, under Section 47A of Schedule 1A of the Indian Stamp Act, 1898, is totally misconceived and illegal. 8. Accordingly, the impugned notice is set aside and the Writ Petition is allowed. The registration carried out in terms of the interim order, dated 27.04.2010 shall be treated as final. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.