Patna High Court
Raj Kumar Singh Raja ... vs The State Of Bihar on 8 April, 2021
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.8103 of 2021
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Raj Kumar Singh Raja Construction Pvt. Ltd. through its Managing Director
Raj Kumar, S/o Prem Dhari Singh, Male, aged about 46 years, Resident of
House No.A16, Bank of India Colony, Indrapuri, Raja Bazar, Rukanpura, B.V.
College, Patna- 800014
... ... Petitioner
Versus
1. The State of Bihar though the Principal Secretary, Prohibition Excise and
Registration Department, Government of Bihar, Vikash Bhawan, Bailey
Road, Patna
2. The Principal Secretary, Prohibition Excise and Registration Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna
3. The Additional Secretary, Prohibition Excise and Registration Department,
Government of Bihar, Vikash Bhawan, Bailey Road, Patna
4. The Sub Registrar, District Registry Office, Sheikhpura.. Respondent 1st Set
5. The Principal Secretary, Mines and Geology Department, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna
6. The Additional Secretary Mines and Geology Department, Government of
Bihar, Vikash Bhawan, Bailey Road, Patna
7. Assistant Director, Mines and Geology Department, Government of Bihar,
Vikash Bhawan, Bailey Road, Patna
8. District Magistrate cum Collector, Sheikhpura
9. Mineral Development Officer, Sheikhpura
... ... Respondents
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Appearance :
For the Petitioner : Mr. Kunal Tiwary, Advocate
For the Respondents : Mr. P. N. Shahi AAG 6
For Mines Department : Mr. Kumar Ravish, Advocate
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY
ORAL JUDGMENT
Date : 08-04-2021
Heard Mr. Kunal Tiwary, learned counsel appearing
on behalf of the petitioner, learned Mr. P.N. Shahi, Additional
Patna High Court CWJC No.8103 of 2021 dt.08-04-2021
Advocate General appearing on behalf of the State as well as
learned counsel appearing on behalf of the Mines Department.
Petitioner approached the Sub-Registrar, District
Registry Office, Sheikhpura (respondent no. 4) for registration
of the document on payment of prevailing rate but the Sub-
Registrar refused to register the document and demanded stamp
duty at the rate of 6% and 2% on the entire auction amount.
Considering the fact that there is controversy
whether the document should be registered as lease or otherwise
is pending before the larger Bench of Nine-Judges of the Apex
Court, the Court, in the facts and circumstances of the case, is
inclined to dispose of the present writ application with a
direction to Sub-Registrar, District Registry Office, Sheikhpura
(respondent no. 4) to accept the documents for registration on
the basis of fee prevalent. The differential amount between fee
paid by the petitioner and the stamp duty claimed by respondent
no. 4 shall be deposited by the petitioner by way of bank
guarantee which shall ultimately abide by the final decision of
the Apex Court comprising of Nine-Judge Bench. Necessary
decision in this regard may be taken by respondent no. 4 at the
earliest preferably within a maximum period of sixty days from
the date of receipt/production of a copy of this order.
Patna High Court CWJC No.8103 of 2021 dt.08-04-2021
With the aforesaid, the present writ application
stands disposed of.
(Anil Kumar Upadhyay, J)
BT/-
AFR/NAFR NAFR
CAV DATE N.A.
Uploading Date 13.04.2021
Transmission Date N.A.
