The Patna High Court granted the petitioner liberty to file an appropriate appeal under Section 47-A(iv) of the Indian Stamp Act, 1899 against a Deficit Stamp order, with a stay on coercive recovery measures pending the appeal's disposal.
Liberty granted to file appropriate appeal under Section 47-A(iv) of the Indian Stamp Act, 1899; stay on coercive recovery.
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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17716 of 2022
======================================================
Mina Devi Wife of Kamta Prasad Singh @ Kamta Singh Resident of VillageDarshan Tola (Khutahan), P.S.-Sanjhauli, District-Rohtas.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance :
For the Petitioner/s : Mr.Rajani Kant Singh, Advocate For the Respondent/s : Mr.Vikash Kumar, SC-11 ======================================================
CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER
2 26-06-2023 After some arguments, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to file appropriate appeal under Section 47-A(iv) of the Indian Stamp Act, 1899, challenging the order dated 07.09.2022, passed in Deficit Stamp Case No.06/2021, by the leaned court of Collector/District Magistrate, Rohtas at Sasaram. Liberty so sought is granted.
It goes without saying that in case appropriate appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same on merits, without being impeded by the issue of limitation and shall pass a reasoned and a speaking order, in accordance with law, forthwith.
Patna High Court CWJC No.17716 of 2022(2) dt.26-06-2023 2/2
It is needless to state that in case appropriate appeal is filed within a period of four weeks from today, no coercive steps shall be taken against the petitioner for recovery of the deficit stamp duty till the final disposal of the appeal, to be filed by the petitioner.
The writ petition stands disposed off on the aforesaid
terms.
(Mohit Kumar Shah, J)
kanchan/-
U
1 issue framed by the court
Whether the petitioner should be granted liberty to file an appropriate appeal under Section 47-A(iv) challenging the Deficit Stamp Case order dated 07.09.2022.
1 provisions across 1 enactments
Mina Devi
State of Bihar through the Chief Secretary, Bihar
Collector Cum District Magistrate, Rohtas
Sub Registrar, Bikramganj
Circle Officer Sanjhauli
Mohit Kumar Shah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
