Partly allowed

Smt. Shiv Kumari Devi v. Smt. Usha Rani and Ors.

Patna HC16 Jan 2014L.P.A/23/2014

Case brief

AI extract

What is this about?

The High Court of Patna upheld the rejection of the appellant's intervention application in a writ concerning stamp duty. It agreed that stamp duty matters are exclusive to the petitioner and registration authorities, deeming third-party intervention unauthorized and motivated, while modifying the imposed penalty.

What did the court decide?

The appeal was disposed of with the reduction of the imposed cost from Rs.10,000/- to Rs.1000/- payable to the Legal Aid Committee.

Smt. Shiv Kumari Devi Vs Smt. Usha Rani and Ors. — Writ and Judicial Review | Patna HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.23 of 2014 In

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Civil Writ Jurisdiction Case No. 14742 of 2008 ====================================================== Smt. Shiv Kumari Devi W/O Sri Gurudeo Singh At Chanakya Colony, Nathupur Road, Parsa Station, P.O.- Kurthaul, P.S. Parsa, District- Patna .... .... Appellant Versus 1. Smt. Usha Rani W/O Bindeshwari Pd. Singh Resident Of MohallaBela, P.S. Punpun, Distt- Patna And Presently Resident Of Chankaya Colony, Nathupur Road, P.S. Parsa, Distt- Patna 2. The State Of Bihar 3. Inspector General Of Registration, Patna, Bihar 4. District Magistrate, Patna 5. Assistant Inspector General Of Registration, Patna, Bihar 6. District Registrar, Patna 7. Dy. District Registrar, Patna 8. Inspector, Registration Department, Patna .... .... Respondents ====================================================== Appearance : For the Appellant/s : Mr. Jai Prakash Verma For the Respondent/s : Mr. Shashi Bhushan Kumar

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====================================================== CORAM: HONOURABLE MR. JUSTICE I. A. ANSARI and HONOURABLE MR. JUSTICE SAMARENDRA PRATAP SINGH ORAL ORDER (Per: HONOURABLE MR. JUSTICE I. A. ANSARI) 2 16-01-2014 Heard Mr. Jai Prakash Verma, learned counsel for the appellant, and Mr. A.N.Pandey, learned Asstt. Counsel to SC11 for the respondents.

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The instant Letters Patent Appeal has been filed against order, dated 1.8.2013, passed by learned Single Judge, in I.A.No.4700 of 2013 in C.W.J.C.No. 14742 of 2008, whereby her intervention application has been rejected and she has been further ordered to pay a fine of Rs.10, 000/- to Patna High Court

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Patna High Court LPA No.23 of 2014 (2) dt.16-01-2014

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Legal Aid Committee. The learned Judge held that application was motivated and had been filed with an ulterior motive.

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The facts, in short, is that the appellant, at the instigation of her husband (Sri Gurudeo Singh), a former employee of the Registration Department, filed a complaint regarding insufficiency of stamp duty paid by the writ petitioner (Smt. Usha Rani) in respect of registration of a sale deed. The Registration Department, in view of the complaint, enhanced the amount of stamp duty payable, which became a subject of challenge in the writ petition. The matter did not rest here and the zeal of the appellant to chase the writ petitioner accentuated her to file intervention application in this writ petition, which has been deprecated by the learned Single Judge.

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We are entirely in agreement with the view of the learned Single Judge that what should be the stamp duty, on an instrument, is a matter between the petitioner and the registration department and a third party has no business to intervene or raise objection either before the Authorities concerned or this Court and the application is motivated.

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Thus, we find the action of the appellant to be unjustified. However, we find that the cost of Rs.10,000/-, imposed on the appellant, is excessive and the same is reduced

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Patna High Court LPA No.23 of 2014 (2) dt.16-01-2014

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to Rs.1000/- to be payable to Patna High Court Legal Aid Committee.

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With the modification in quantum of cost, the appeal is

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disposed of.

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(I. A. Ansari, J)

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(Samarendra Pratap Singh, J)

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Shashi.

Smt. Shiv Kumari Devi v. Smt. Usha Rani and Ors.

Case brief

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Smt. Shiv Kumari Devi v. Smt. Usha Rani and Ors.

Case brief

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