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2021 Supreme(AP) 938

U.DURGA PRASAD RAO
Kasireddy Satyanarayana – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Nimmagadda Revathi

ORDER :

U. Durga Prasad Rao, J.

1. A short but important question arises for consideration in this writ petition is whether the District Registrar can refuse to levy and collect stamp duty and penalty on a reconstructed document transmitted to him by Civil Court on the ground that the document sent to him is a xerox copy?

2. The factual matter is thus:

    (a) The petitioner filed OS No. 136/2005 in the Court of Principal Junior Civil Judge, Bheemunipatnam seeking permanent injunction on the strength of the possessory agreement to sell dated 01.09.1995 obtained by him from Pakki Rama Rao and Pakki Narayana Rao. The said possessory agreement to sell, his vendor's registered Sale Deed and Encumbrance Certificate were unfortunately misplaced while they were in the custody of the Trial Court. Hence, learned Junior Civil Judge, Bheemunipatnam after obtaining permission from learned Principal District Judge, Visakhapatnam vide proceedings in DIS No. 8870, dated 12.10.2017 and in DIS No. 2247, dated 16.03.2018, reconstructed the documents. Since the possessory agreement to sell was not duly stamped, learned Junior Civil Judge vide his letter dated 28.03.2018 transmitted the reconstructed and unre

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