NAGAR MAI Vs. ACCOUNTANT GENERAL AND ORS.

JUDGEMENT

(1.) An order passed on 1.1.1982 by respondent No. 3 and the proceedings initiated by respondents No. 1 and 2 as also their reports are all challenged in this petition on the solitary ground of inherent lack of jurisdiction and being violative of provisions of Stamp Act.

(2.) The petitioner is a partner of the firm known as M/s. Himalayan Construction Company and this firm obtained some credit facilities for purchase of Hydraulic excavator etc. The facility was obtained from Jammu and Kashmir Bank Ltd., Hiranagar on the basis of execution of certain documents by the firm and its partner. On deed of collateral security (registered on July 10, 1979) vide registration No. 74 and one power of attorney (also registered on July 10, 1979) vide registration No. 75, were two of such documents which were executed by the firm. It is admitted case of the parties that the original documents had been taken away by the petitioner after registration. It appears that at some stage, after the registration of these documents, an Audit took place of the accounts etc. in the office of Sub Registrar, Hiranagar and the audit party deputed by the Accountant General came across the copies and other record of the aforesaid documents and found that they had been grossly insufficiently stamped and despite their being insufficiently stamped were registered by the Sub-Registrar. Pursuant to the aforesaid finding of the Audit Party, Sub-Registrar, Hiranagar, respondent No. 3 demanded recovery of Rs. 45,762.00 as stamp duty and Rs. 14,224.00 as registration fee against the deed of collateral security and Rs. 47,327.50 as stamp duty against the power of attorney. It is this order which has been challenged in this petition.

(3.) Mr. P.S. Datta, learned Counsel for the petitioner took me through the various provisions of Stamp Act and contended that the Sub-Registrar or for that matter, the Audit Party or the Accountant General had no jurisdiction or authority to either demand making up of the deficiency of the Stamp duty or to recover any amount on account of any alleged deficiency in the Stamp duty.