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2019 Supreme(Del) 2331

JAYANT NATH
Hari Kapoor – Appellant
Versus
South Delhi Municipal Corporation – Respondent


Advocates Appeared:
For the Petitioner: Mr.Manish Sharma, Ms.Jigyasa Sharma, Mr. Dinesh Monga and Mr. Arjun Malik, Advs
For the Respondent: Mr. Nikhil Goel, Mr. Piyo Harold and Mr. Dushyant Sarna, Advs. for SDMC

JUDGMENT :

Jayant Nath, J.

1. This Writ Petition is filed by the petitioner seeking an appropriate Writ for quashing the order dated 8.12.2015 passed by the Additional Commissioner of the respondent for collection of duty and directing that there is no chargeability of stamp duty on the instrument of Deed of release.

2. The case of the petitioner is that on 2.11.1989 the petitioner along with the brother Shri Ramesh Chander Kapoor purchased the property bearing No. N-26, situated at Panchsheel Park, New Delhi vide registered sale deed. On 25.7.2016, the brother of the petitioner Shri Ramesh Chander Kapoor executed a Deed of Release and Relinquishment in respect of his half undivided share of the said property in favour of the petitioner. The petitioner approached the respondent with a letter of request for transfer/mutation of the property in his favour on 25.10.2016. As there was no proper response from the respondent, the petitioner on 14.08.2017 filed an application under RTI Act. Along with the reply sent by the respondent dated 11.09.2017 a circular/order issued dated 8.12.20

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