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Patna High CourtCWJC/5382/2022disposed

Punam Gupta v. The State Of Bihar

2022-12-19Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.5382 of 2022 ====================================================== Punam Gupta Wife of Rabindra Prasad, resident of Village and P.O. and P.S. - Nokha, District - Rohtas.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Registration Excise and Pohibition Department, Bihar, Patna.

2.

The Inspector General (Registration), Bihar, Patna. 3.

The Assistant Inspector General (Registration), Patna Division, Patna. 4.

The Collector-cum-District Magistrate, Rohtas. 5.

The District Sub-Registrar, Sasaram, Rohtas.

6.

The Circle Officer, Nokha.

... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Jitendra Prasad Singh, Advocate For the Respondent/s :

Mr.Vikash Kumar (SC 11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 19-12-2022 Though the present writ petition has been filed seeking to challenge the order dated 22.10.2021, passed by the Collector-cum-District Magistrate, Rohtas, Sasaram in Valuation Stamp Case no. 1 of 2020, however the learned counsel for the petitioner, at the outset, seeks liberty on behalf of the petitioner to file appropriate appeal, challenging the said order dated 22.10.2021. Liberty so sought, is granted.

It is needless to state that in case, appropriate appeal is filed within a period of four weeks from today, the same shall be considered on merits without the Appellate Authority being impeded by the issue of limitation and a reasoned and a

Patna High Court CWJC No.5382 of 2022(2) dt.19-12-2022 2/2 speaking order shall be passed, in accordance with law, within a period of twelve weeks, thereafter.

At this juncture, the learned counsel for the petitioner seeks some protection in order to enable the petitioner to file appropriate appeal and seek interim orders therein, inasmuch as an order for recovery of the deficit stamp duty has already been issued qua the petitioner herein.

In such view of the matter, this Court deems it fit and appropriate to direct that no coercive action shall be taken against the petitioner, for a period of six weeks from today, for recovery of the deficit amount of stamp duty The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- U