A.RAMALINGESWARA RAO,J. - (1.) Heard the learned Counsel for the petitioner and the learned Government Pleader for the respondent.
(2.) The petitioner firm participated in an open auction conducted by this Court for the property bearing H.No.6-3-252 in an extent of 6957 square yards in Survey Nos. 106 and 107 of Erramanzil, Hyderabad, which is the subject matter of Civil Suit No. 9/1 of 1951 pending before this Court. The petitioner firm became the highest bidder and offered the rate of Rs.15,200/- per square yard. After declaring the petitioner as the successful bidder, the total sale consideration of Rs.10,57,46,400/- was deposited in this Court. The petitioner filed Application No. 341 of 2005 seeking confirmation of sale, and this Court confirmed the sale by order dated 22.06.2005 and directed the Receiver-cum-Commissioner in C.S.No.9/1 of 1951 to execute necessary sale deed in favour of the petitioner. However, since some claim petitions filed by third parties were pending, the sale deed could not be executed. The third party claim petitions were ultimately dismissed on 23.03.2007 and the Receiver-cum-Commissioner executed the sale deed on 30.04.2007 and put the petitioner and its nominees in possession of the property. The petitioner paid a sum of Rs.74,02,255/- towards stamp duty and Rs.26,43,665/- towards registration fee totalling to an amount of Rs.1,00,45,920/-, on the total sale consideration of Rs.10,57,46,400/-. The respondent kept the document pending on the ground that, as per the basic value register, the market value of the property works out to Rs.13,91,63,000/-. Accordingly, he directed payment of stamp duty of Rs.1,32,20,485/- and registration fee of Rs.34,79,075/-. Thus, he demanded payment of deficit stamp duty of Rs.23,39,155/- and registration fee of Rs.8,35,410/-. He issued a demand notice for the said amount on 27.06.2007. Challenging the same, the present Writ Petition is filed.
(3.) This Court, by order dated 02.07.2007 directed the respondent to process the document presented by the petitioner on furnishing the bank guarantee for the differential amount, subject to the result of the Writ Petition.;