Lichhavi Foundation v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.8743 of 2022 ====================================================== Lichhavi Foundation Village Dighi Kala, P.S. Hajipur Sadar, District Vaishali through its Managing Trustee Ashutosh Chandra, Male, aged about 48 years, Son of Sri Suresh Chandra Prasad Sinha, Resident of Village Dighi Kala, P.S. Hajipur, District Vaishali.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna. 2.

The Secretary, Registration, Excise and Prohibition Department, Government of Bihar, Patna.

3.

The Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur.

4.

The Sub-Registrar, Mahua, District Vaishali.

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

For the Petitioner/s :

Mr.Madhukar Pandey For the Respondent/s :

Mr.Vikash Kumar (Sc11) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL JUDGMENT Date : 22-08-2023 1.

The present petition has been filed seeking the following relief :- "(i) For issuance of an appropriate writ for quashing the order dated 30.12.2021, passed by the Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Case no. 52 of 2019-20 determining the market value of the land registered at Rs. 3,90,000-00 by treating the land as double crop bearing (dofasala) and directing the petitioner to pay the deficit stamp duty of the 7,950/- on the sale deed and to pay a further sum of Rs. 795-00 by way of penalty

Patna High Court CWJC No.8743 of 2022 dt.22-08-2023 2/2 and to produce the challan in the concerned office within 60 days, failing which interest @ 5% per month would be recovered. "

2.

At the outset, the learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the order dated 30.12.2021, passed by the Assistant Inspector General of Registration, Tirhut Division, Muzaffarpur in Stamp case no. 52 of 2019-20, by filing an Appeal under Section 47-A(4) of the Indian Stamp Act, 1899. Liberty so sought, is granted. 3.

It is needless to state that in case, appropriate appeal is filed within a period of four weeks from today, the appellate authority, without being impeded by the issue of limitation, shall consider the appeal of the petitioner on merits and pass a reasoned and a speaking order, in accordance with law, forthwith.

4.

The writ petition stands disposed off on the aforesaid terms.

(Mohit Kumar Shah, J) rinkee/- AFR/NAFR NAFR CAV DATE NA Uploading Date 22.08.2023 Transmission Date NA