BINDU DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for setting aside the order dtd. 10/6/2023 passed by the Assistant Inspector General of Registration, Saran Division, Chapra i.e. the respondent no. 2, whereby and whereunder the petitioner has been directed to deposit deficit stamp duty to the tune of Rs.96,063.00 along with penalty of 10 per cent of the said amount i.e. a sum of Rs.9,606.00, totaling to a sum of Rs.1,05,669.00.

(2.) The brief facts of the case, according to the petitioner, are that the petitioner purchased a piece of land situated at village-Chhitauli Kala under Circle Office-Goriakothi, Siwan, appertaining to Khata No. 8, Tauji No. 1625, Khesra No. 807, having an area of 14.883 decimal, from one Awadh Kishore Sah, by a registered sale deed dtd. 16/3/2023.

(3.) It is the case of the petitioner that the petitioner has not suppressed anything in the sale deed as far as the land/boundary and locality of the land in question is concerned and he has also deposited the stamp duty as per the circle rate fixed in the area. It is also submitted that the registering authority did not raise any objection at the time of registration of the sale deed on 16/3/2023. Nonetheless, the petitioner received a notice in connection with Stamp Case No. 42 of 2023, to which the petitioner had submitted her reply, categorically stating therein that the land in question is "Bhith" land and not commercial land. Nonetheless, the respondent no. 2, by the impugned order dtd. 10/6/2023, has directed the petitioner to pay the deficit stamp duty to the tune of Rs.96,063.00 along with a fine of Rs.9,606.00.