Citation : 2023 Latest Caselaw 3947 Patna
Judgement Date : 22 August, 2023
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.3259 of 2022
======================================================
Ramlal Bind S/O Pujan Bind Resident of Village - Karaundi @ Karauni, P.S. - Bhabua, District- Kaimur.
... ... Petitioner/s Versus
1. The State of Bihar Through Principal Secretary, Department of Registration, Govt. of Bihar, Patna.
2. Inspector General, Registration, New Secretariat, Govt. of Bihar, Patna.
3. Asst. Inspector General, Registration, Patna Division, Registry office, Patna.
4. District Magistrate, Bhabua, District- Kaimur at Bhabua.
5. District Registrar Kaimur at Bhabua.
6. Sub Registrar Bhabua, District- Kaimur at Bhabua.
7. Sub Divisional Officer Bhabua, District Kaimur.
8. Certificate Officer cum Sr. Deputy Collector, Sub Division Bhabua, District-
Kaimur at Bhabua.
... ... Respondent/s ====================================================== Appearance :
For the Petitioner/s : Mr.Ranjay Kumar Patel, Advocate For the Respondent/s : Mr.Lalit Kishore ( Ag) ====================================================== 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 appropriate writ/ writs in the nature of mandamus for commanding upon the respondents to quash the fine and extra Registry cost. "
2. At the outset, the learned counsel for the petitioner
seeks liberty on behalf of the petitioner to challenge the order
dated 30.01.2019, passed by the Assistant Inspector General, Patna High Court CWJC No.3259 of 2022 dt.22-08-2023
Patna Division, Patna in Stamp Case no. 174 of 2017, by filing
appropriate 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, neither
the appellate authority shall insist for the certified copy of the
impugned order dated 30.01.2019 nor he shall be impeded by
the issue of limitation and shall rather pass a reasoned and a
speaking order on the merits of the case and in accordance with
law, forthwith.
4. It is further directed that for a period of four weeks
from today, no coercive steps shall be taken against the
petitioner for realization of the deficit stamp duty in order to
enable the petitioner to file appropriate appeal.
5. The writ petition stands disposed off on the
aforesaid terms.
(Mohit Kumar Shah, J)
rinkee/-
AFR/NAFR NAFR CAV DATE NA Uploading Date 24.08.2023 Transmission Date NA
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