Partly allowed

Dhananjay Kumar v. The State Of Bihar and Ors.

Patna HC6 Nov 2018CWJC/21138/2018

Case brief

AI extract

What is this about?

The High Court held that no deposit of 50% deficient stamp duty is required for an appeal under Rule 13 of 1995 Rules against an order under Section 47-A(2). The court allowed the writ application but directed the petitioner to file an appeal within three weeks, granting liberty to condone delay. No coercive action was ordered for four weeks.

What did the court decide?

Petitioner allowed liberty to prefer an appeal before Divisional Commissioner within three weeks; coercive steps stayed for four weeks.

Dhananjay Kumar Vs The State Of Bihar and Ors. — Contract and Commercial Disputes | Patna HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.21138 of 2018

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Dhananjay Kumar, Son of late Harishankar Prasad Srivastava, Resident of Village-Motipur, Near Water Tank, P.S.-Motipur, District-Muzaffarpur.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principal Secretary, Land Revenue and Reform Department, Government of Bihar, Patna.

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The Principal Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna.

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The I. G. Registration, Registration Excise and Prohibition Department, Government of Bihar, Patna.

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The A.I. G. Registration, Muzaffarpur, Registration Excise and Prohibition Department, Muzaffarpur.

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The District Registrar-cum-Collector-cum-District Magistrate, East Champaran, Motihari.

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The District Sub-Registrar, District Registry Office, East Champaran, Motihari.

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Ramacast Limited, 3 Pretoria Street, 4^th Floor Kolkata, 700071, through it Floor Director Naw Ratan Sewak, Son of Bhawarlal Sewak, 3 Pretoria Street, 4^th Floor, P.S.-Shakespeare Sarani Kolkata-700071.

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... ... Respondent/s

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Appearance :

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: Mr. Ranjeet Kumar, Adv. : Mr. Alok Kumar, AC to SC-5

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For the Petitioner/s : Mr. Ranjeet Kumar, Adv. For the Respondent/s : Mr. Alok Kumar, AC to SC-5 ======================================================

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CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL JUDGMENT

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Date : 06-11-2018

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Heard learned Counsel for the petitioner and learned AC to GA-1 for the respondent-State.

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The present writ application has been filed for setting aside the order dated 11.08.2018, passed in Case No.128 of 2017-18, as contained in Annexure-1, by Assistant Inspector General, Registration, Tirhut Division, Muzaffarpur, whereby, the petitioner has been directed to deposit the deficit stamp duty to the tune of Rs.2,45,100/- and penalty to the tune of

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Patna High Court CWJC No.21138 of 2018 dt.06-11-2018 2/3

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Rs.24,510/- and interest at the rate of 5% per month on nondeposit of the same within a period of sixty days.

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Since there is provision of appeal under Rule 13 of the Bihar Stamp (Prevention of Under-Valuation of Instruments), Rules, 1995 (hereinafter referred to as ‘the Rules, 1995’) against the order passed under sub-section (2) of Section 47-A of the Indian Stamp Act, 1989 (hereinafter referred to as ‘the Act’) this Court is not inclined to interfere. However, in the interest of justice, this Court gives a liberty to the petitioner to prefer an appeal before the appellate authority, i.e. the Divisional Commissioner, Tirhut Division, Muzaffarpur within a period of three weeks from the date of receipt or production of a copy of this order.

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It is expected from the appellate authority that if such an appeal is filed against the impugned order dated 11.08.2018 within a period of three weeks from the date of receipt/production of a copy of this order, along with prayer of stay and an application for condonation of delay in filing of the appeal, then the appellate authority may consider the same, within a period of six weeks thereafter, keeping in view the fact that writ application was pending before this Court.

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In view of the ratio laid down in the case of Anand Bhusan Vs. State of Bihar and Ors. (CWJC No. 10002 of 2013)

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Patna High Court CWJC No.21138 of 2018 dt.06-11-2018 3/3

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which has been affirmed by a Division Bench of this Court in L.P.A. No. 815 of 2015 (The State of Bihar and Ors. Vs. Anand Bhushan and Anr.), it is made clear that the petitioner is not required to deposit 50% amount of payable deficient stamp duty as required under Section 47-A (6) for filing of appeal under Section 47-A(4) of the Act against an order passed by the Collector under Section 47-A (3) of the Act since in the present case the appeal would lie under Rule 13 of the Rules, 1995 against the order passed under Section 47-A (2) of the Act which does not require deposit of 50% amount of payable deficient stamp.

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For the next four weeks, let no coercive steps be taken against the petitioner in pursuance to the impugned order dated 11.08.2018, passed in Case No.128 of 2017-18, as contained in Annexure-1.

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Accordingly, the writ application is disposed of with the observation and liberty aforementioned.

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(Dinesh Kumar Singh, J)

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Ashwini/-

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Dhananjay Kumar v. The State Of Bihar and Ors.

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Dhananjay Kumar v. The State Of Bihar and Ors.

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