BAIDYA NATH PRASAD SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) AN application has been filed being A No. 1129 of 2007 by which amendment has been sought to be made to the writ petition with regard to facts and the relief in view of subsequent events during pendency of the writ application. State has no objection. The same is allowed.

(2.) BY this application, Memo No.1 dated 15.1.2007 of the DCLR, Rajgir has been questioned directing the petitioner to pay stamp duty at the present market value of the property in question. A short question of law is involved in the present writ application and, as such, the matter is, with consent of parties, heard and being disposed of at the stage of admission stage itself.

(3.) THEREFORE , it would be seen that the direction of the competent statutory authority was to get the deed executed on the same terms and conditions as envisaged in the deed. In the deed, the consideration was clearly mentioned. It is not in dispute that this pre -emption application was filed on 8.3.1980 that is before the introduction of Sec. 47A to the Indian Stamp Act by Bihar Amendment which came in the year, 1988.