SUDAMA DEVI Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this batch of writ applications there is challenge to the validity of Bihar Stamp (Prevention of Under Valuation of Instruments) Rules, 1995 framed under Section 47-A of the Indian Stamp Act, as amended by Bihar amendment in the year 1988. It is contended that these Rules are in violation of Section 47-A of the Act and thus invalid.

(2.) In some of the writ applications the petitioners are prospective vendors and in some both prospective vendors and vendees. In only one case, documents were presented for registration. In that case there are five petitioners and in case of the first petitioner, the document was accepted for registration and then impounded. Other petitioners claim that their documents were refused even to be accepted.

(3.) During the pendency of these writ applications the Rules came to be amended inasmuch as in certain rules instead of the words "District Collector" the words "District Sub-Registrar" were substituted. Even then the challenge to the Rules did not cease. For the purpose of the decision of these writ applications we will consider the Rules as amended by the amendment notified on August 21,1996.