ALI AKBAR Vs. SANJAY KUMAR RAKESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) Mr. Vijay Prakash, the then Secretary-Cum-IC (Registration) is present and he has filed the additional affidavit dated 4.1.2003. To justify issuance of letter requiring the district Magistrate not to issue the stamp vending licence Mr. Prakash has submitted that looking to the nationwide stamps scam to protect the State Government and to save the generation of stamp revenue such orders were issued by him. He however, has submitted that the orders passed by this Court have already been complied with. In paragraph 13 Mr. Vijay Prakash has relied upon Rule 3 of the Bihar Board's Miscellaneous Rules 1958. The said rules reads as under:

(3.) It is submitted by Mr. Vijay Prakash that as he has the power of the lower authority he had issued the said circular restraining the District Magistrate from exercising his statutory powers.