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Patna High CourtCWJC/1884/2020disposed

Dulari Devi, v. The State Of Bihar

2022-07-27Mr. Justice Mohit Kumar Shah2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.1884 of 2020 ====================================================== Dulari Devi, W/o Ambika Prashad, R/o Village- Cheta Bigha, P.S. Akbarpur, District- Nawada.

... ... Petitioner/s

Versus

1.

The State of Bihar through the Inspector General (Registration) Bihar, Patna. 2.

The Assistant Inspector General (Registration) Magadh Division, Gaya. 3.

The District Magistrate cum Collector, Nawada. 4.

The District Sub Registrar, Nawada.

5.

The Circle Officer, Nawada.

6.

Lakhan Sao, S/o Bihari Sao, R/o Village- Nanaura, P.S. and DistrictNawada, Bihar. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Anish Kumar For the Respondent/s :

Mr.Vivek Prasad ( Gp7 ) ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 27-07-2022 Though the present writ petition has been filed for quashing the letter dated 25.9.2017, issued by the Office of the District Sub-Registrar, Nawada whereby and whereunder the petitioner has been directed to appear before the Assistant Inspector General (Registration), Magadh Division, Gaya in Stamp Case No. 10/2017 for the purposes of determining deficit stamp fees, however, the respondents have filed a counter affidavit and have brought on record an order dated 4.11.2017 passed by the Assistant Inspector General of

Patna High Court CWJC No.1884 of 2020(4) dt.27-07-2022 2/2 Registration, Magadh Division, Gaya, which is purportedly an order passed under Section 47A(4) of the Stamp Act, 1899.

The learned counsel for the petitioner seeks liberty on behalf of the petitioner to challenge the same by filing appropriate appeal under Section 47A(4) of the Indian Stamp Act, 1899. Liberty so sought is granted.

It is needless to state that since the aforesaid order dated 4.11.2017 has been brought on record for the first time today, in case the petitioner files an appeal within a period of four weeks from today, the same shall be decided on merits, without the appellate authority being impeded by the issue of limitation.

The writ petition stands disposed of on the aforesaid terms.

(Mohit Kumar Shah, J) Ajay/- U