Sumant Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.4976 of 2023 ====================================================== Sumant Kumar S/o Sri Ravindra Rai R/o Village-Dhanuti, P.S. and P.O.- Dhanuti, District-Siwan.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Additional Chief Secretary, Revenue and Land Reforms Department, Government of Bihar, Patna. 2.

The Chairman-cum-Member, Board of Revenue, Bihar, Patna. 3.

The District Magistrate-cum-District Registrar, Siwan. 4.

The District Sub-Registrar, Siwan.

5.

The Inspector of Registration Officer, Patna, Bihar. 6.

The Assistant Inspector of Registration, Saran Division, Chhapra. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Kumar Singh, Advocate For the State :

Mr.Rishi Raj Sinha (Sc19) Mr.Atul Shankar, AC to SC-19 ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 10-10-2023

1. The present writ petition has been filed seeking the following relief(s):- "1(i) To quash the order contained in memo no. 767 dated 15.10.2022 passed in Stamp Case No.-82/2022 by the Court of Assistant Inspector General of Registration, Saran Division, Chapra whereby and where under it has been directed to petitioner to pay the deducted stamp fee Rs. 11,08,380/- fine amount Rs. 1,10,838/- i.e. total Rs. 12,19,218/- (Rupees twelve lakh nineteen thousand two hundred and eighteen only) and produce the original copy of challan received by depositing of above amount within

Patna High Court CWJC No.4976 of 2023(2) dt.10-10-2023 2/3 60 days.

(ii) To quash the order contained in memo no. 768 dated 15.10.2022 passed in stamp case no. 83/2022 by court of Assistant Inspector General of Registration, Saran Division, Chhapra whereby and where under petitioner has been directed to pay the deducted stamp fee of Rs. 8,940/- + fine amount of Rs. 894/- i.e. total Rs. 9,834/- (Rupees nine thousand eight hundred and thirty-four only) and produce the original copy of challan received by depositing the above amount within the period of 60 days to issue of this order."

2. At the outset, the learned counsel for the petitioner seeks to challenge the impugned orders dated 15.10.2022, passed by the Assistant Inspector General of Registration, Saran Division, Chhapra, in Stamp Case No.82 of 2022 and Stamp Case No.83 of 2022, by filing appropriate appeal under Section 47A(iv) of the Indian Stamp Act, 1899, however, seeks a further direction upon the appellate authority to examine the appeals on merit. Liberty so sought is granted.

3. It is needless to state that in case appropriate appeals are filed, within a period of four weeks from today, the appellate authority shall consider the same on merit, without being impeded by the issue of limitation and dispose off the

Patna High Court CWJC No.4976 of 2023(2) dt.10-10-2023 3/3 same by passing a reasoned and a speaking order, in accordance with law, within a period of six weeks, thereafter.

4. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U