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2010 Supreme(Pat) 59

NAVANITI PRASAD SINGH
Nlbd Marketing Private Limited Through Its Manager Sushil Kumar Saraf Son Of Late Sambhu Nath Saraf – Appellant
Versus
The State Of Bihar Through The Secretary Cum Inspector General Of Registration, Department Of Registration, Excise And Prohibition, Government Of Bihar – Respondent


JUDGEMENT

Navaniti Prasad Singh, J.

1. There was an incorporated Company, namely, Gaya Cotton and Jute Mills Limited. In due course of time, it became sick. Government of India nationalized it by statutory Act. The properties then vested in the National Textile Corporation Limited, a Government of India undertaking. The National Textile Corporation having found that substantial lands were surplus and useless, they issued a global tender for sale of substantial lands of the erstwhile Gaya Cotton and Jute Mills Limited. Petitioner gave his tender and then was called upon to participate in the public auction. Petitioner, in the said public auction, agreed to purchase 29.30 acres of lands at the maximum bid of Rs. 9.02 crores. Thus, having paid the consideration, a deed of conveyance was duly executed and then presented for registration before the Sub-Registrar, Gaya. In purported exercise of powers under Section 47A of the Stamp Act, the Sub-Registrar noticed the petitioner that the value as shown appeared to be far less than value of similar land in similar locality. As per the guidelines, register of minimum value fixed under the Bihar Stamp (Prevention of Under Value and Instruments




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