IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14794 of 2021 ======================================================

Musrat Jahan Wife of Abdul Kudus Resident of Village- Chawani, P.S.-

Bettiah, District- West Champaran.

... ... Petitioner/s Versus

1. The State of Bihar through I.G. Registration, Govt. of Bihar, Patna.

2. The Certificate Officer, Supaul.

3. The Sub-Registrar, Bettiah, West Champaran.

... ... Respondent/s ======================================================

Appearance :

For the Petitioner/s : Mr. Nirmal Kumar, Adv.

For the Respondent/s : Md. Khurshid Alam ( Aag12 )

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CORAM: HONOURABLE MR. JUSTICE A. ABHISHEK REDDY

ORAL JUDGMENT

Date : 28-01-2025 Heard the learned counsel for the parties.

2. This writ petition has been filed for the following relief(s):-

1. That this is an application for issuance for issuance of writ in the nature of certiorari to quash the order dated 26.06.2015 as passed in Stamp Case No. 179/2014-15 by which the respondents have directed to pay the deficit court fee stamp along with 10% interest within 60 days through Bank challan of State Bank of India failing which the certificate case will be filed before the Collector, Muzaffarpur of recovery of said amount under the Public Demand Recovery Act and any other writ are writs which the petitioner is entitled and further directed to the Respondent to consider the case of the petitioner on the basis of nature of land which has shown as agricultural land when there is no any market in the said locality and adjacent to the land or no any house has been constructed near the land of the petitioner when the said land come as agriculture land as per khatiyan and further commanding the respondents not to interefere with nature of land when it is agricultural land any other relief or relief which the petitioner is entitled to save and except as other.

3. The facts in brief for the purpose of deciding the present writ petition are that the petitioner has purchased the land in Khata No. 808 bearing Plot No. 3041 of village Bettiah, Thana No.28 admeasuring 0.75 Decimal and 0.28 Decimal vide registered Sale Deed No. 194049/14 and Deed No. 19302/14 respectively, both dated 21.11.2014 from the original owner. That the registration of deed was completed on 21.11.2014. Thereafter, a notice has been issued by the Respondent No. 3 dated 13.07.2015 stating that the valuation of the land is more than the one stated in the document i.e. Rs. 12,06,000/- and accordingly the deficit stamp fee will come to Rs. 9,62,720/- along with penalty of Rs. 96272/- and registration fee of Rs. 2,40,680/- the total along with the stamp fee will come to Rs. 12,99,672.00/-. A perusal of the notice dated 13.07.2015 reveals that Camp Court Stamp Case (Mudrank Case) No. 179/2014-15 was initiated against the petitioner and decided on 26.05.2015. Further, the petitioner thereafter has received notice dated 13.02.2017 directing him to deposit an amount of Rs. 20,69,848/- on or before 26.02.2017 failing which certificate proceedings may be issued for recovery of the said dues amount. Learned counsel for the petitioner has stated that the land which was purchased by the petitioner is an agricultural land and the registration of the document was done after payment of the full stamp duty and verification of the subject land. That though similarly situated persons have also purchased land in the very same Khesra Number, the authorities have not initiated any proceedings against them. Further, it is stated that the initiation of the case at the behest of the Respondent No. 3 is without any legal basis and contrary to the provisions of the Act more particularly Section 47 (A) (1) of the Indian Stamp (Bihar Amendment) Act 15 of 1988. Learned counsel has stated that it is only the Collector who can suo moto or on reference initiate any action after the registration of the document that too within a period of two years from the date