AMRIK SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) This order will dispose of two writ petitions bearing CWP nos. 276 of 2012 and 626 of 2012 as they involve common question of facts and law. The petitioners in the aforesaid writ petitions are deed writers whose licences have been cancelled vide orders dated 6.4.2010 (in CWP no. 276 of 2012) and 31.3.2010 (in CWP no. 626 of 2012). The reason for cancellation is the invocation of Rule 14 by the respondents on the premise that while preparing deed/document the petitioners had not scribed the same on the stamp papers of proper value as per the document classified and according to its substance.

(2.) Violation of Rule 14 and the penalty on account thereof invites cancellation. For the purposes of reference relevant Rules i.e. Rule 14 (g) and 15 are extracted herebelow:-

(3.) Learned counsel for the petitioners contends that under Section 47-A of the Indian Stamp Act the Sub Registrar/Collector is empowered to evaluate whether the document has properly been stamped or not and the petitioners cannot be burdened with any liability on this count. He thus contends that the cancellation is bad in the eyes of law. Reliance has been placed on decision of Division Bench in case titled as Suresh Kumar v. State of Punjab and another, 2008 151 PunLR 189.