RAMA SHANKAR TIWARY Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been filed for quashing the order as communicated to the petitioners by the District Sub Registrar by its memo No. 310 dated 30th of July, 2003 whereby the licences of document writers granted to the petitioners have been cancelled.

(2.) SHORT facts giving rise to present application are that the petitioners were granted licences provided under section 68 -A of the Registration Act, 1908 as amended by Bihar Act 6 of 1991, hereinafter referred to as the Act. It seems that an inquiry was held by the Secretary -cum -Inspector General of Registration in regard to the evasion of stamp duty. He forwarded his report to the District Registrar - cum -Collector by its memo no. 1278 dated 20.6.2003, who in turn, by order dated 27.7.2003, directed for cancellation of the licences of the document writers granted to the petitioners. In the light of the aforesaid direction, the District Sub Registrar, by order dated 30th July, 2003 (Annexure -1), cancelled the document writers licences of the petitioners. The petitioners have averred that before passing the impugned order, no opportunity was given to the petitioners. Said assertion of the petitioners has not been denied by the respondents in the counter affidavit filed on their behalf.

(3.) MR . Sinha, JC to G.P. II, however, submits that as a result of inquiry conducted by the Inspector General of Registration, petitioners were found to be involved in undervaluing the document leading to evasion of stamp duty and accordingly, the licences granted to them have been cancelled and no fault can be found out in the same.