STATE OF RAJASTHAN Vs. SHIVANI ENCLAVES PVT. LTD.

JUDGEMENT

(1.) THE question emerges for consideration in the instant appeal is - Whether a person, who has received benefit under a Notification, is entitled to challenge its constitutional validity?

(2.) THE respondents in this appeal filed writ petition challenging the Notification dated March 14, 1997, issued by the State of Rajasthan, appellant herein, under Section 78 of the Indian Registration Act, 1908 (for short 'the Act') as ultravires and for the refund of the amount of Rs. 10,24,280/ - recovered from the respondents as registration charges vide receipt dated May 15, 1997. Learned Single Judge allowed the writ petition vide order dated December 10, 1999, which is under challenge in this appeal.

(3.) LEARNED Single Judge in the impugned order held that Notification dated March 14, 1997 was not in consonance with the service to be rendered on registering documents. Since levy @ 1% could not be related to the element of quid pro quo it was arbitrary. Learned Single Judge while quashing Notification directed to refund registration charges, after adjustment of Rs. 5000/ - maximum registration fee as per earlier Notification dated March 7, 1994.