HARSHPRIYA CONSTRUCTION Vs. INSPECTOR GENERAL

JUDGEMENT

(1.) The short question that arises for consideration in this writ application is whether the Registering Officer under the Indian Registration Act can retain possession of the original registered instrument (sale deed) where it raises a dispute in terms of Section 47A of the Indian Stamp (Orissa Amendment) Act with regard to the stamp duty payable on such instrument.

(2.) The facts leading to the formulation of the aforesaid question have been depicted in the writ petition as follows:

(3.) It is contended on behalf of the petitioner that provision of Sub-section (2) of Section 61 of the Registration Act casts a statutory duty on the Registering Officer to return the original instrument immediately after completion of registration and that the mere initiation of a proceeding under Section 47A of the Stamp Act for the purpose of adjudication of the payability of any further stamp duty and registration fees does not entitle the Registering Authority to retain possession of the original registered instrument.