IN THE HIGH COURT OF JUDICATURE AT PATNA
Shivaji Pandey, J.
Md. Kalim Akhtar son of Ziaul Rahman and Ors. – Petitioners
Versus
The State of Bihar and Ors. – Respondents
Civil Writ Jurisdiction Case Nos.2588 & 2374 of 1999
Decided On : 21-04-2015
Stamp Act - Registration of Sale-Deeds - Section 47A of the Indian Stamp Act - Summary of Acts and Sections: Sections 2(5), 8, 25, 29, 33, 47A, 76, 77 of the Indian Stamp Act and Sections 71, 72, 73, 74, 76, 77 of the Indian Registration Act
Fact of the Case:
The case involved the refusal of registration of sale-deeds by the Collector under Section 47A of the Indian Stamp Act. The petitioners sought quashing of the order and direction to pass order in terms of Section 47A of the Indian Stamp Act with respect to the cases.
Finding of the Court:
The Court found that the Collector's order to refuse registration based on the grounds mentioned was illegal and misdirected. It held that the bond and annuity, being instruments, can be subject to transfer on payment of necessary stamp as provided under the Indian Stamp Act.
Issues: The issues revolved around the refusal of registration of sale-deeds by the Collector under Section 47A of the Indian Stamp Act and the legality of the grounds for refusal.
Ratio Decidendi: The Court held that the Collector's order was not sustainable in law as it misconstrued Section 47A of the Indian Stamp Act and passed the order for impounding of the document on grounds that were not in line with the provisions of the Act.
Final Decision: The Court allowed the petitions, set aside the Collector's order, and remanded the matter back to the Collector to pass an order in terms of Section 47A of the Indian Stamp Act in accordance with the law within a period of three months from the date of receipt/production of the order.
1. Heard counsel for the petitioners and the respondents.
2. In both the cases, common question has been raised and the facts are also by and large same and similar, as such, they have been heard together and are being disposed of by this common order.
3. For brevity, the facts of CWJC No. 2588 of 1999 are being taken into consideration for decision of the case.
4. Prayer has been made to quash the order dated 1st March 1999 passed by the Collector, Araria in Impound Case Nos. 1 of 1989-99, 2 of 1998-99, 3 of 1998-99, 5 of 1998-99 and 12 of 1998-99 whereby and whereunder the Collector by a common order, in exercise of power under Section 47A of the Indian Stamp Act, rejected the registration of the sale-deeds as having sold being not acceptable for registration, as it is concerned with the official documents. Further prayer has been made for giving direction to the respondents to pass order in terms of Section 47A of the Indian Stamp Act with respect to the aforesaid cases.
5. In the present case, for dealing with the issue, few relevant facts are as follows:
6. Petitioner no.1 purchaser of Ex-intermediary right to received compensation and ad interim interest in compensation Case Nos.272/61-62, 273/61-62 179/55-56, 179/55-56, 179/55-56
221(A)
221(B)
A
B C
179/55-56
179/55-56
179/55-56
D
E
F
7. Petitioner no.2 is the purchaser of the right of ex-intermediary to receive compensation of Ex-intermediary Sanjay Dutta and others in compensation Case Nos. 1336/68-69, 1336/68-69,
A B
1336/68-69
1336/68-69
1336/68-69
1336/68-69
1336/68-69
C
D
E
F
G
8. Petitioner no.3 is the purchaser of the Ex-intermediary right to receive compensation and ad interim interest in compensation Case Nos.
268/55-56
A
268/55-56
B
268/55-56
C
268/55-56
D
268/55-56
E
268/55-56
F
268/55-56
G
268/55-56
H
268/55-56
I
268/55-56
J
268/55-56
K
268/55-56
L
303/8A
55-56
9. At last, petitioner no.4 is the purchaser of exintermediary right of Mahanand Thakur to receive payment of ad-interim interest in compensation case No. 29/55-56.
10. After vesting of the estate of Ex-landlord, the Government of Bihar has issued bond for payment of compensation to the intermediary of the State and for that purpose, the vendors of these petitioners who were holders of intermediary right, were also granted bonds for receipt of compensation in terms of Bihar Land Reforms Act. The Ex-intermediaries were not being paid the compensation amount which compelled them to file writ petition being CWJC No. 10339 of 1994 through the Power of Attorney holders of ex-intermediary in which a direction was made for payment of entire compensation amount along with interest within three months from the date of production of the order.
11. The Ex-intermediary made all efforts but could not receive the same. Finally they have lost hope for receipt of the compensation amount even though there was an order passed by this Court in the writ application. Left with no other way out, they were compelled to transfer the bond to these petitioners to receive the compensation amount. It is also apparent that intermediary they have filed MJC No. 1877 of 1997 for flauting the order passed in writ petition during the pendency of the contempt application, the Collector and the Additional Collector intended to make payment of compensation amount of the bond to the Ex-intermediary which compelled the petitioners to intervene in the aforesaid contempt application which the Court has disposed of the matter with a direction to consider the application of the petitioners and pass the necessary orders from the date of receipt of application filed by the petit
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