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2001 DIGILAW 500 (JHR)

Ram Prasad Singh v. State Of Jharkhand

2001-07-24

SUDHANSU JYOTI MUKHOPADHAYA

body2001
ORDER S.J. Mukhopadhaya, J. 1. The writ petition was preferred by petitioners to set aside the entire proceeding of Impound Case No. 6/92-93, including the orders, dated 8th September, 2000, 14th March, 2001 and the demand notice, dated 8th September, 2000, as contained in Annexure 2. 2. The brief fact of the case shows that a sale-deed, dated 10th May, 1991 was executed in favour of petitioners by one Godabari Debi and Nagendra Kumar Sinha in respect of 18.95 acres of land, as detailed in the writ petition. The valuation of the property was shown as Rs. 20,000/- and stamp duty was paid to terms with such valuation. The sale-deed was presented for registration and the executant also admitted the execution of the sale-deed. Instead of registering the sale-deed, the District Sub-Registrar purported to have impounded the same and issued demand notice, dated 8th September, 2000 in Impound Case No. 6/92-93. The petitioners have been asked to deposit a sum of Rs. 12,965/- by way of deficit stamp duty with stipulation that the amount, otherwise, will be realised by distress. 3. When the case was taken up on 14.6.2001 the Counsel for the petitioners pointed out that the documents have not yet been registered. The parties do not intend to register the documents. Respondents were asked to file counter- affidavit in this regard. A counter-affidavit has been filed by the respondent No. 3 wherein it is stated that the value of the land involving the document much higher and on the direction of the Deputy Commissioner, Palamau a report was submitted. There being no provision of hearing before passing an order under Section 33 read with Section 47-A of the Indian Stamp Act, 1899, the notice was issued. 4. So far as stand of the petitioners that they do not intend to register the documents have not been dealt with. It is also not in dispute that the documents have not yet been registered. In the aforesaid background as respondents can not force any person to register a document and can refuse to register a deed, the initiation or continuance of Impound Case is uncalled for. 5. For the reasons aforesaid, the proceeding as also the orders, dated 8th September, 2000, 14th March, 2001 and demand notice are set-aside. The writ petition is allowed. 6. Writ petition allowed.