P VENKATA RAO Vs. GOVERMENT OF A P
LAWS(APH)-2005-12-102
HIGH COURT OF ANDHRA PRADESH
Decided on December 26,2005

P.VENKATA RAO Appellant
VERSUS
GOVERNMENT OF A.P Respondents

JUDGEMENT

- (1.)The petitioner was granted lease of maintaining and running a Tollgate across the Kommamuru canal on Tenali-Narakoduru road in Guntur District from 1.4.2004 to 31.3.2006. The corresponding lease deed was executed on 31.3.2004 and was registered with the fifth respondent. The lease deed is said to have been released, on being satisfied that proper stamp duty and necessary registration charges were paid.
(2.)The audit party of the registration department had verified the records of the fifth respondent and found that there is a deficit of Rs.2,18,784/- towards stamp duty and a sum of Rs.14,640/- towards registration charges on the lease deed dated 31.3.2004. On receiving the report of the audit party, the fifth respondent addressed a letter, dated 29.9.2005, to the parties to the document, namely, the petitioner and the first respondent, requiring them to pay a sum of Rs.2,33,474/- within the time stipulated therein. Consequently, the first respondent addressed a letter, dated 7.11.2005, requiring the petitioner to deposit the said amount by 20.11.2005, with a warning that in case the amount is not paid within that time, the Tollgate would be taken over. The petitioner challenges the said proceedings.
(3.)It is contended that the respondents did not follow the procedure prescribed under the Indian Stamp Act (for short 'the Act'), particularly, the one prescribed under Section 41-A of the Act.


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