UMESH THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) In all these writ application; Petitioners have questioned the vires of Section 47A of the indian Stamp Act hereinafter called and referred for the sake of brevity, as the said Act) as amended by the Bihar Act, 18 of 1988 which was subsequently amended by Bihar Amendment Act, 1991 as also the Rules framed by the State of Bihar known as Bihar Instrument Valuation Rules, 1991, published in the Bihar Gazette dated 27.12.1991. The Petitioners have also questioned the respective orders passed by different registering authorities whereby and whereunder he refused to register the instruments presented to him, inter alia, on the ground that the valuation mentioned therein does not reflect the market value of the property which are the subject matter of the transaction in question.

(2.) In view of the pure question of law involved in these writ applications, it is not necessary to State the fact of the matter in details. Suffice it to say that the writ Petitioners intended to transfer their right, title and interest in favour of third parties.

(3.) In most of writ petitions, the Petitioners presented deeds of sate before the concerned registering authorities but the said authorities without registering the instruments sent the same to the Collector concerned on the ground that the amount of consideration shown in the respective sale deeds is much less than the market value there of and the collector in turn has issued notices to them as to why steps should not be taken for realisation of the deficit amount of stamp duty.