IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.16541 of 2022 ======================================================

Ratan Prasad Srivastva S/o Late Banarsi Lal, R/o Mohalla Gaurakshani, P.S. Sasaram (T), District- Rohtas. ... ... Petitioner/s Versus

1. The State of Bihar through the Principal Secretary, Prohibition Excise and Registration Department, Bihar Patna.

2. The Additional Chief Secretary, Prohibition Excise and Registration Department, Bihar, Patna.

3. The Inspector General of Registration-cum-Excise Commissioner, Bihar, Patna.

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

Appearance :

For the Petitioner/s : Mr. Mrigank Mauli, Sr. Advocate Mr. Siddharth Harsh, Advocate For the State : Mr. Kumar Manish, S.C.-5 Mr. Kumar Pankaj A.C. to S.C.-5 ======================================================

CORAM: HONOURABLE MR. JUSTICE RITESH KUMAR

ORAL JUDGMENT

Date : 09-02-2026 Heard the learned counsel for the parties.

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

“(a) For issuance of an appropriate writ(s), order(s), direction(s) setting aside the order contained in Memo No. 5174 dated 30/09/2022 passed by the Additional Chief Secretary-cum- Appellate Authority, Department of Excise Prohibition and Registration, Bihar, Patna upholding the order passed by the Disciplinary Authority.

(b) For issuance of an appropriate writ(s), order(s), direction(s) quashing the order dated 29/07/2022 contained in Memo No. 3803 passed by the IG Registration, Department of Prohibition Excise and Registration, Government of Bihar where under and whereby punishment of deduction of 10% of pension for a period of 5 years has been inflicted against the Petitioner under a departmental proceeding.

3. At the outset, the learned Senior counsel for the petitioner submits that the petitioner was posted as Senior Clerk (UDC) in the office of the District Sub Registrar, Mohania, District Kaimur and while being posted in the office of the District Sub Registrar, Mohania, the petitioner made several spot inspections including inspection in relation to Registered Deed No. 1648 dated 18.03.2020 and Registered Deed No. 4915 dated 14.10.2020. The respective parties to the Deed No. 1648 shown the property in the deed to be agricultural land while in Deed No. 4915, the property was shown to be commercial vacant land. While making spot inspection, the petitioner came to know that the parties deliberately, with a view to escape/misappropriate the stamp duty and registration charge, wrongly classified their respective properties and got different properties inspected by keeping the petitioner in dark. 4. Immediately after coming to know about the aforesaid misdeeds, the petitioner reported the matter to the Sub Registrar, Mohania. Subsequently, notices dated 28.12.2020 contained in Letter No. 312 and notice dated 01.02.2021 contained in letter No. 47 were issued to the parties of Deed No. 1648 and similarly notices dated 28.01.2021 contained in Letter No. 40 and 01.3.2021 contained in Letter No. 99 were issued to the parties to the Deed No. 4915, calling upon them to get their properties re-inspected and to pay the difference of stamp duty and registration charges along with fine and penalty. Despite issuance of the notice, the parties did not appear and in compliance of the directions issued by the Sub-Registrar, Mohania, the petitioner re-inspected the property in question on 12.03.2021 and 20.03.2021 respectively in presence of the Sub Registrar, Mohania and submitted his report before the Sub Registrar, Mohania.

5. It is the further contended by the learned Senior counsel for the petitioner that based on the report submitted by the petitioner, the Sub Registrar, Mohania referred the matter to the Collector, Kaimur (Bhabua) under Section 47A (3) of the Indian Stamp Act Vide Letter No. 130 dated 13.03.2021 with regard to Deed No. 1648 and Letter No. 142 dated 25.03.2021 with regard to Deed No. 49