State Of Rajasthan And Ors vs Ashiana Amar Developers
2022 Latest Caselaw 13631 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN JODHPUR

D.B. Spl. Appl. Writ No. 1407/2018

State Of Rajasthan And Ors.

----Appellant Versus Ashiana Amar Developers

----Respondent

For Appellant(s) : Mr. Sandeep Shah, AAG For Respondent(s) : Mr. Dhanesh Saraswat

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE KULDEEP MATHUR

Judgment / Order

21/11/2022

Mr. Sandeep Shah, learned AAG has made an oral request

that due to inadvertence in the operative part of the order dated

17.10.2022, 'Sub-Registrar' as well as 'Section 54' of the

Rajasthan Stamp Act, 1998 have not been mentioned and,

therefore, the operative part of the order dated 17.10.2022 be

suitably modified.

The request for modification of the operative part of the

order dated 17.10.2022 has not been opposed by the counsel for

the respondent.

In such circumstances, the operative part of the order dated

17.10.2022 is modified and reads as under :

"Having heard learned counsel for the parties and after going

through the provisions of Section 51 & 54 of the Act of 1998, we

are of the view that the observations made by the learned Single

Judge to the effect that when the instrument is not required to be

registered, the question of its valuation or it having been

(2 of 2) [SAW-1407/2018]

undervalued does not arise and that the Collector (Stamps)/Sub-

Registrar can invoke the powers exercised under Section 51 & 54

of the Act of 1998 only if the document is produced for

registration, are prima facie not in consonance of the Scheme of

the Act of 1998, Hence, the same is stayed. Stay petition is

disposed of."

List the matter for final hearing in the second week of

January, 2023.

(KULDEEP MATHUR),J (VIJAY BISHNOI),J 72-mohit/-

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