In this Letters Patent Appeal against an order dismissing an appeal in Civil Writ Jurisdiction, the High Court held that the prohibition on individual stamp vendors using Franking Machines under Bihar Stamp Rules, 2004 is a policy matter and not illegal or unwarranted.
The Letters Patent Appeal was dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1200 of 2015 Arising out of
Civil Writ Jurisdiction Case No. 12466 of 2008
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Gopal Prasad Agarwal @ Lakshmi Prasad Agarwal son of Late Raghunandan Prasad Agarwal, resident of Mohalla Goshanbagh, Tekari Road, P.S. Kotwali, District Gaya.
.... .... Appellant Versus
.... .... Respondent/s
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Appearance:
For the Appellant/s : Ms. Archana Sinha, Advocate. For the Respondent/s : Mr. Prashant Kumar, AC to SC-11.
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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 27-10-2016
Heard learned counsel for the parties.
an order passed by the learned Single Bench of this Court on 7th of September, 2012 in C.W.J.C. No. 12466 of 2008 whereby, the Rule restricting use of Franking Machine for the use by the individual stamp vendors was not interfered with.
Patna High Court LPA No.1200 of 2015 dt.27-10-2016
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dismissed.
(Hemant Gupta, J)
(Ahsanuddin Amanullah, J)
Mishra/-
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1 issue framed by the court
Whether Letters Patent jurisdiction of this Court can interfere with the policy manifested by the Bihar Stamp Rules, 2004 prohibiting Franking Machine use by individual stamp vendors.
Gopal Prasad Agarwal @ Lakshmi Prasad Agarwal
The State of Bihar
Secretary-cum-IG Registration Department of Registration, Bihar, Patna
District Sub Registrar, Gaya
Collector (Licensing Authority Stamp Act), Gaya
Bihar State Stamp vender Association
Hemant Gupta
Ahsanuddin Amanullah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
