1. By this writ petition, a challenge is made to the Constitutional Validity of Rule 58 of the Rajasthan Stamp Rules, 2004 (for short “the Rules of 2004”). A further challenge is made to the order dated 02.08.2005. A prayer is also made to restrain the respondents to prosecute the petitioner in pursuance to Section 75 of the Rajasthan Stamp Act, 1998 (for short “the Act of 1998”).

2. Learned counsel for the petitioner submits that Rule 58 of the Rules of 2004 is in conflict with Section 51 of the Act of 1998. As and when any instrument is submitted for registration and registering officer has reason to doubt about valuation of the land, it can be determined by the procedure given under Section 51 of the Act of 1998. It provides for registration of the document on the value disclosed therein. If the Registering Officer has reasons to believe that the market value of the property is not truly disclosed then it can send the document in original, prior or subsequent to registration, to the Collector for taking action. The procedure has been given under sub-Section (3) and (5) of Section 51 of the Act of 1998. As per the aforesaid provision, determination of market value of the