Telangana High Court
Mohd Mohiuddin Mustafa vs The State Of Telangana on 28 February, 2023
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.5660 of 2023
ORDER:
Heard learned counsel for the petitioners and learned Government Pleader for Stamps and Registration appearing for the respondents.
2. This Writ Petition is filed seeking a writ of Mandamus to declare the action of respondent No.2 in not validating and releasing the Hibanama (Gift Deed), dated 10.03.1988, in respect of subject property situated in Survey Nos.49 and 50, TS No.40, 47 and 49, Ward No.174, Block No.F, admeasuring Ac.1-08 guntas equivalent to 5800 square yards, situated at Santosh Nagar, Madannapet, Saidabad Mandal, Hyderabad, in spite of submitting representation, dated 07.01.2023, as arbitrary and illegal.
3. A perusal of the material on record shows that the petitioners submitted a representation, dated 07.01.2023 before respondent No.2 herein requesting for impounding the Hibanama (Gift Deed) dated 10.03.1988 covering the subject property and the said representation is also shown to have been acknowledged by the office of respondent No.2 on 07.02.2023. But, the same is stated to be still pending and no action has been initiated by respondent No.2. Hence, the petitioners approached this Court by 2 filing the present Writ Petition complaining in action on the part of respondent No.2.
4. Taking into consideration the fact that the representation submitted by the petitioner, dated 07.01.2023, is pending consideration, respondent No.2 is under obligation to collect the deficit stamp duty, as and when such documents are brought to the notice of respondent No.2 under the provisions contained in Chapter IV of the Indian Stamp Act, 1899.
5. In the circumstances, the Writ Petition is disposed of directing respondent No.2 to consider the representation, dated 07.01.2023 submitted by the petitioners for impounding the unregistered Hibanama (Gift Deed), dated 10.03.1988 and pass appropriate orders thereon, within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:28.02.2023 YVL 3 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.5660 of 2023 Date:28.02.2023 YVL