R. Srikant v. Govt. of A.P. and Others - 2002 Supreme(Online)(AP) 6

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2002 Supreme(Online)(AP) 6

ANDHRA PRADESH HIGH COURT
S. V. Bhatt, J
R. Srikant v. Govt. of A.P. and Others

Advocates:
For the Appellants/Petitioners: Sri M. V. Raja Ram
For the Respondents: Sri Raj Gopal

Table of Content
1. constitutional challenge to legislative provisions. (Para 1 , 4)
2. valuation of property and stamp duty discrepancies. (Para 2 , 5)
3. legislative competence regarding state amending laws. (Para 3 , 6)
4. conditions for appeals and article 14 compliance. (Para 7 , 8)
5. final verdict and dismissal of writ petition. (Para 9)

1. The constitutional validity of proviso to sub-section (2) of S.47 - A of the Indian Stamp Act , as amended by A.P. Act 8 of 1998 (for short 'the Act') is challenged in this writ petition.

2. The facts, as stated by the petitioner, are that he purchased immovable property situated within the territorial limits of Sub- Registrar, Chikkadpally and presented the sale deed duly executed by the vendor, for registration before the 3rd respondent on 12-12-1997. The 3rd respondent refused to register the document on the ground that the stamp duty on the document should have been paid, calculated on the basis of the market value of the property at the rate of Rs. 9,000/- per square yard and the stamp duty of Rs. 77,600/- paid by the petitioner is not adequate. Feeling aggrieved by the said demand, the petitioner preferred an appeal before the 2nd respond