BHAGWAN SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard Sri Prabhat Ranjan Singh, learned counsel for the petitioner and learned AC to GP No. 10.

(2.) The petitioner invoking writ jurisdiction of this court has primarily prayed for directing the respondents to return back the stamp duty and other miscellaneous expenses which was charged at the time of allowing prayer for rectification application of the petitioner in respect of arithmetical correction in a registered sale deed.

(3.) It is the case of the petitioner that he had transferred a piece of land through registered sale deed on 15.10.2011 to one Smt. Rina Singh. However, at the time of preparation of sale deed a typographical error had occurred and as such, in the said document in place of khata No. 184, it was incorrectly typed as whereas, other details in respect of the land was correct such as, plot No. , area and boundary of the land. Subsequently, after noticing the error the petitioner approached for allowing him to rectify the error. It was submitted by learned counsel for the petitioner that as per the provisions of the Bihar Registration Manual a meager amount was to be paid for such rectification but the petitioner was constrained to deposit the stamp duty as if a fresh registration was being effected. According to learned counsel for the petitioner the petitioner was forced to deposit huge amount of registration to the tune of Rs. 1,50,000/ - only thereafter, correction was effected. The petitioner thereafter filed detailed representation before the District Sub Registrar, District Sub Registry, Jamui regarding the refund of the amount which was forcibly obtained from the petitioner. Despite his vigorous persuasion he failed to get the amount refunded. Thereafter, the petitioner was constrained to file the present writ petition.