NATIONAL BANK FOR AGRICULTURE AND RURAL DEVELOPMENT THROUGH ITS DEPUTY GENERAL MANAGER, R K RASTOGI SON OF BEHARI LAL RASTOGI Vs. STATE OF BIHAR THROUGH ITS CHIEF SECRETARY,; INSPECTOR GENERAL REGISTRAR, GOVERNMENT OF BIHAR AND; DISTRICT SUB-REGISTRAR

JUDGEMENT

(1.) Heard learned senior counsel for the petitioner and learned Counsel for the State.

(2.) Petitioner-Bank, which is a body corporate established under Section 3 of the National Bank for Agriculture and Rural Development Act, 1981, has filed this writ application for a direction to the respondents to grant remission in paying stamp duty and ad valorem registration charges on the sale deed executed in its favour by M/s Jagat Sahakari Grih Nirman Samiti Limited (hereinafter referred to as "the Society"), a Co-operative Housing Society, registered under the Bihar Co-operative Societies Act, 1935 (hereinafter referred to as the "Act").

(3.) Case of the petitioner is that petitioner-Bank was admitted as an associate member of the said Society by its resolution dated 30.10.1990. By dint of an associate member, it was entitled to all the rights and privileges of a member of the Society. Subsequently, the Society by a resolution decided to transfer some of its property to the petitioner for which a sale/deed (Annexure-2) was executed by the authorised representative of the Society on 10.01.1992. The said sale deed was presented before the District Sub Registrar, Patna for its registration. An objection was raised by the office of the District Sub Registrar with regard to deficiency in the stamp duty and court-fee stamps paid on the deed. On account of such objection, the District Sub Registrar, Patna refused to accept the same and the same was returned. Thereafter the said sale deed was again presented before the District Sub Registrar along with a letter of the Manager of the Bank requesting the District Sub Registrar to accept the same for registration. This time also, the District Sub Registrar refused to accept the same for registration on the ground that petitioner being an associate member of the Society was not entitled to remission in terms of second proviso to Section 9A of the Indian Stamp Act. Petitioner, being aggrieved by the same, has moved this Court through this writ application with the aforesaid prayer.