Licchavi Foundation vs The State Of Bihar
2023 Latest Caselaw 3964 Patna

           IN THE HIGH COURT OF JUDICATURE AT PATNA
                     Civil Writ Jurisdiction Case No.8576 of 2022
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Licchavi 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 Secrertary, 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, Advocate 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. 51 of 2019-20 determining the market value of the land registered at Rs. 4,10,000-00 by treating the land as double crop bearing (dofasala) and directing the petitioner to pay the deficit stamp duty of the 14,400/- on the sale deed and to pay a further sum of Rs. 1440-00 by way of penalty Patna High Court CWJC No.8576 of 2022 dt.22-08-2023

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. 51

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