Disposed

Ramlal Bind v. The State of Bihar

Patna HC22 Aug 2023CWJC/3259/2022

Case brief

AI extract

What is this about?

Writ petition sought quashing of fine and extra registry cost. The court instead permitted the petitioner to file an appeal against the Assistant Inspector General's stamp case order within four weeks, without insisting on certified copy or limitation bar, and restrained coercive recovery for four weeks.

What did the court decide?

Liberty to file appeal under Section 47-A(4) Indian Stamp Act within four weeks; no insistence on certified copy or limitation; no coercive steps for deficit stamp duty for four weeks.

Ramlal Bind Vs The State of Bihar — Property and Title | Patna HC (2023)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.3259 of 2022

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Ramlal Bind S/O Pujan Bind Resident of Village - Karaundi @ Karauni, P.S. - Bhabua, District- Kaimur.

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... ... Petitioner/s

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Versus

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The State of Bihar Through Principal Secretary, Department of Registration, Govt. of Bihar, Patna.

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Inspector General, Registration, New Secretariat, Govt. of Bihar, Patna.

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Asst. Inspector General, Registration, Patna Division, Registry office, Patna.

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District Magistrate, Bhabua, District- Kaimur at Bhabua.

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District Registrar Kaimur at Bhabua.

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Sub Registrar Bhabua, District- Kaimur at Bhabua.

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Sub Divisional Officer Bhabua, District Kaimur.

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Certificate Officer cum Sr. Deputy Collector, Sub Division Bhabua, DistrictKaimur at Bhabua.

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... ... Respondent/s

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Appearance : For the Petitioner/s : Mr.Ranjay Kumar Patel, Advocate For the Respondent/s : Mr.Lalit Kishore ( Ag)

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CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT

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Date : 22-08-2023

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The present petition has been filed seeking the following relief :-

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“(i) For issuance of appropriate writ/ writs in the nature of mandamus for commanding upon the respondents to quash the fine and extra Registry cost. “

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At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 30.01.2019, passed by the Assistant Inspector General,

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Patna High Court CWJC No.3259 of 2022 dt.22-08-2023 2/2

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Patna Division, Patna in Stamp Case no. 174 of 2017, by filing appropriate Appeal under Section 47-A(4) of the Indian Stamp Act, 1899. Liberty so sought, is granted.

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It is needless to state that in case, appropriate appeal is filed within a period of four weeks from today, neither the appellate authority shall insist for the certified copy of the impugned order dated 30.01.2019 nor he shall be impeded by the issue of limitation and shall rather pass a reasoned and a speaking order on the merits of the case and in accordance with law, forthwith.

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It is further directed that for a period of four weeks from today, no coercive steps shall be taken against the petitioner for realization of the deficit stamp duty in order to enable the petitioner to file appropriate appeal.

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The writ petition stands disposed off on the aforesaid terms.

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(Mohit Kumar Shah, J)

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rinkee/-

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AFR/NAFR	NAFR
CAV DATE	NA
Uploading Date	24.08.2023
Transmission Date	NA

Ramlal Bind v. The State of Bihar

Case brief

What is this about?

What did the court decide?

Ramlal Bind v. The State of Bihar

Case brief

What is this about?

What did the court decide?

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