EMARAT CO-OPERATIVE HOUSING Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed for quashing the order of Assistant Inspector General of Registration, Govt. of Bihar, Patna (respondent no.2) as communicated to the District Sub - Registrar, Patna Sadar, Patna (respondent no.4) in respect to the petitioner and for a consequential relief directing the District Sub -Registrar, Patna Sadar, Patna to register the sale deed in favour of the petitioner with proper stamp duty and registration fee and other consequential relief.

(2.) PETITIONER is a Co -operative Housing Society duly registered under the provisions of Society Registration Act, 1935 having its registered office at Patna. Respondent no.1 is the State of Bihar through the Secretary -cum -lnspector General of Registration, Department of Registration, Govt. of Bihar, respondent no.2 is the Assistant Inspector General of Registration, Govt. of Bihar, Patna, respondent no. 3 is the Registrar cum District Magistrate, Patna and respondent no. 4 is the District Sub -Registrar, Patna Sadar, Patna. Respondent no.5, private -respondent is the vendor, who is seeking to transfer his land, in question by way of sale to the petitioner and it is this purported sale deed that is the subject matter of dispute as to its proper valuation for the purposes of stamp duty and registration fee. Respondent no.5 has appeared and supports the contention of the petitioner. Other respondents have also appeared and filed counter affidavit. Petitioner has filed rejoinder thereto.

(3.) WITH the consent of the parties this writ petition is being disposed of at the stage of admission itself after hearing the parties at length.