LAWS(CHH)-2015-3-5

DURGA BAJAJ Vs. STATE OF CHHATTISGARH AND ORS.

Decided On March 25, 2015
Durga Bajaj Appellant
V/S
STATE OF CHHATTISGARH AND ORS. Respondents

JUDGEMENT

(1.) The petitioner has assailed the legality and validity of the order passed by the District Registrar and Licencing Authority, Korba revoking the petitioner's licence for sale of stamps under Rule 27 (c) of the CG Stamp Rules, 1942 (henceforth 'the Rules').

(2.) Facts of the case, briefly stated, are that the petitioner was granted a vendor's licence under the Stamp Act and the Rules framed thereunder, for the first time in the year 2006. The licence was renewed in terms of Rule 26 (3)(c) of the Rules and on the date of passing of the impugned order, the renewed licence was in operation.

(3.) One RTI activist moved an application before the Public Information Officer, Office of District Registrar on 10.3.2014 seeking copy of stamp register maintained by the petitioner for the period 1.11.2008 to 31.12.2008. He also sought copy of entries from 9500-9700 maintained by the petitioner in her register of the year 2008-09. The Sub Registrar informed the RTI activist that the said register is not available in the office. In the appeals preferred by the RTI activist before the first Appellate Authority under the RTI Act, the appellate authority i.e. the District Registrar issued a memo to the Sub Registrar in response to which the Sub Registrar informed the Registrar vide Annexure-R/1 that despite intense search the register is not available in the office. Prior to that, the petitioner was also served a notice by the District Registrar seeking her explanation of the fact that the register maintained by her for the year 2008-09 is not available in the office of Sub Registrar. The petitioner informed the Registrar vide Annexure-P/9 that she has submitted the register maintained by her for the year 2008-09 and it is only after submission of the said register, her licence was renewed for subsequent years.