SOM NATH CHHABRA Vs. COMMISSIONER HISAR DIVISION HISAR

JUDGEMENT

(1.) THE instant petition is directed against the advertisement dated 20-11-2007 (P-3), issued by the Sub-Divisional officer (Civil), Hisar, inviting applications for allotment of 70 positions of stamp vendors to be appointed for Sub Division, hisar, which include Sub-Tahsils adampur, Barwala and Uklana. The petitioners are already licensed stamp vendors since 1984, 2001 and 1996 respectively. Feeling aggrieved that by appointing 70 more stamp vendors, their profit would be marginalised and they would suffer. They have approached this court with a prayer for quashing the advertisement dated 20-11-2007 (P-3 ).

(2.) FACTS in brief are that all the petitioners have been issued licence of stamp vendor by the Collector-cum-Deputy commissioner, Hisar-respondent No. 2 under the provisions of the Indian Stamp Act, 1899 (for brevity, 'the Act') and the Punjab Stamp rules, 1934 (for brevity, 'the Rules' ). They are stamp vendors for Hisar City and their licenses are valid upto 31-3-2010. The aforementioned act and Rules have been framed to levy stamp fee on various instruments/ transactions like transfer deeds concerning properties or other documents of similar nature. The revenue is generated as the payment of stamp duty is prescribed. The State issues various stamp instruments of judicial and non-judicial types which are available in the State treasury. For convenience of general public, the Collectors throughout the State, issue lipenses to the eligible persons who are known as 'stamp Vendor'. On the sale of these papers to the general public some commission is prescribed. The petitioners claim that they are stamp vendors and granted license under Rule 25 of the rules.

(3.) MR. S. S. Godara, learned counsel for the petitioners has argued that under Rule 25 of the Rules, the maximum number of licensed stamp vendors is required to be fixed by the Collector of each district in consultation with the Commissioner of the Division. The Collector cannot change the number of such licensed stamp vendors without concurrence of the Commissioner. According to the learned counsel, while fixing the number of stamp vendors, the Collector as well as the Commissioner is required to take into account two significant factors, namely, that adequate number of stamp vendors are appointed, taking into account the convenience of general public on one hand and also regard should be paid to the average earning of the stamp vendors at the district and tahsil headquarters on the other hand. According to the learned counsel, appointing 70 stamp vendors would certainly adversely affect the rate of earnings of the petitioners.