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Patna High CourtCWJC/6297/2023disposed

Guddu Kumar Pandey v. The State Of Bihar

2023-06-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.6297 of 2023 ====================================================== 1.

Guddu Kumar Pandey S/o Late Vijay Kumar Pandey, Resident of Village/Mohalla-Chandmari, P.s.-Motihari Town, Motihari, District-East Champaran.

2.

Suman Kumar, S/o Dineshwar Diwedi, Resident of Village/MohallaAgarwa, P.s.-Motihari Town, Motihari, District-East Champaran. ... ... Petitioner/s

Versus

1.

The State of Bihar through the Principal Secretary Registration Excise and Prohibition Dept. (Registration) Govt. of Bihar at Patna. 2.

The Principal Secretary, Registration Excise and Prohibition Dept. (Registration) Govt. of Bihar at Patna.

3.

The Inspector General of Registration Prohibition Excise and Registration Department (Registration) Govt. of Bihar at Patna. 4.

The Assistant Inspector General of Registration Prohibition Excise and Registration Department (Registration), Tirhut Division at Muzaffarpur. 5.

The District Collector-cum-District Magistrate, East Champaran at Motihari. 6.

The DCLR, Sadar, East Champaran at Motihari.

7.

That Additional Collector-cum-District Grievance Redressal Officer, East Champaran at Motihari.

8.

The District Sub-Registrar, East Champaran at Motihari. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Rajeev Ranjan, Advocate For the Respondent/s :

Mr.Sriram Krishna, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-06-2023 At the outset, the learned counsel for the petitioners seeks liberty on behalf of the petitioners to assail the order dated, 07.04.2022, passed by the Assistant Inspector General, Registration, Tirhut, Division, Muzaffarpur in Case No.68 of 2020-21, by filing appropriate appeal under Section 47A(4) of the Indian Stamp Act, 1899. Liberty so sought is granted.

Patna High Court CWJC No.6297 of 2023(2) dt.27-06-2023 2/2 It is needless to state that in case appropriate appeal is filed, within a period of four weeks from today, the appellate authority shall consider the same on merits and pass a reasoned and a speaking order, in accordance with law, forthwith and till then no coercive action shall be taken against the petitioners for realization of the deficit stamp duty. It is made clear that in case no appeal is filed, within a period of four weeks from today, the respondents would be at liberty to take appropriate steps for realization of the deficit stamp duty from the petitioners. The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) Saurav/- U