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2009 DIGILAW 2301 (RAJ)

Jeeta Ram v. Additional Dist. Judge (Fast Track) No. 3 Bikaner

2009-11-06

VINEET KOTHARI

body2009
JUDGMENT 1. - This writ petition is directed against the order dated 14.11.2007 whereby the learned trial Court has held since the agreement in question in the present suit for specific performance is not stamped, which is required to be stamped in accordance with the provisions of Stamp Law in question as amended and applicable to the State of Rajasthan, therefore, the plaintiffs-petitioners may either deposit deficit stamp duty of Rs. 19995/- alongwith 10 times penalty of Rs. 1,99,950/- totaling Rs. 2,19,945/- and if the petitioner-plaintiffs do not agree for the same, the document in question may be impounded and may be sent to the DIG (Stamp), Bikaner for determination of deficit stamp duty and imposition of penalty, if any. 2. The learned counsel for the petitioner submits that the learned trial Court could not on its own impose penalty of 10 times of deficit stamp duty and ought to have referred matter to the DIG (Stamps), Bikaner who has discretion in the matter as far as imposition of penalty is concerned. 3. On the other hand, the learned counsel for the defendants-respondents submits that since the impugned order itself shows that in case the plaintiffs-petitioners do not agree to deposit the said amount of deficit stamp duty and penalty the document in question is bound to be impounded and referred to DIG (Stamps), Bikaner for determination of deficit stamp duty as well as penalty. 4. In view of this stipulation in the impugned order, this Court is at loss to understand as to why the plaintiffs-petitioners have approached this Court at all. If the plaintiffs-petitioners were not aggreable to pay the amount of penalty in question, the impugned order itself says that the document in question may be impounded and will be referred to DIG (Stamps) for determination. It cannot be said that the DIG (Stamps) would be bound by the said imposition of penalty in the order of the learned trial Court and it is for the DIG (Stamps) himself to decide the deficit stamp duty and penalty in accordance with law. 5. Accordingly this writ petition is disposed of. No order as to costs.Writ Petition Disposed of a Above. *******