Rajesh Prashad Kushwaha vs The State Of Madhya Pradesh
2023 Latest Caselaw 15801 MP

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                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WP No. 23960 of 2023
                                    (RAJESH PRASHAD KUSHWAHA Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 25-09-2023
                                 Ms. Shefali Jain - Advocate for the petitioner.

                                 Shri     Vivek    Shrama     -       Deputy   Advocate   General    for   the
                           respondents/State.

Petitioner's contention is that the petitioner is an auction purchaser of certain property mentioned in Annexure P-5. It is submitted that he purchased

this property in the auction held by Bank of India. The petitioner being a purchaser of the said property approached the Collector of Stamps, Raisen with the sale certificate in terms of the order of the Hon'ble the Supreme Court in the case of Inspector General of Registration and Another v. G. Madhurambal, and Another, decided on 11.11.2022 passed in Petition (S) for Special Leave to Appeal (C) No. (S). 16949 of 2022, wherein it is held that the only need for registering authorities is to enter that property in Book I as per Section 89 of the Registration Act and nothing further is required. It is submitted that same is the ratio of judgment of High Court of Madras in

Tripower Properties Ltd. V. Inspector General of Registration and Others, MANU/TN/6341/2021 and judgment of the Himachal Pradesh at Shimla in Ajay Kumar and Others v. State of H.P. and Others, MANU/HP/1151/2023 but learned Collector of Stamps has taken out a recovery of stamps duty for registration of the said property.

Shri Vivek Sharma, learned Deputy Advocate General submits that there is provision of appeal and revision against the said order under Section 56 of the Indian Stamps Act. But looking to the fact that impugned order is passed in Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 27-09-2023 18:05:07

violation of the order of Hon'ble the Supreme Court, issue notice to the respondents.

Notice is waived by Shri Sharma, learned Deputy Advocate General. Reply be filed within four weeks.

List the case in the week commencing 30.10.2023.

(VIVEK AGARWAL) JUDGE

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Signature Not Verified Signed by: KOUSHALENDRA SHARAN SHUKLA Signing time: 27-09-2023 18:05:07