BALESHWAR MAHTO Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application has been referred by petitioners against the orders dated 23.10.1999 passed in Certificate Case No. 279/98 -99 and order dated 30.10.1999 passed in Certificate Case No. 280/98 -99 whereby and whereunder the respondent -District Certificate Officer, Hazaribagh directed the petitioners to deposit the amount, in question, in lieu of less Court -fee stamp made for registered deeds.

(2.) THE case of the petitioner is that they purchased two sets of land from one Deoki Devi, vide two registered deed Nos. 4327 and 4317, dated 21.4.1992 duly registered by the District Sub -registrar, Hazaribagh, for an area mentioned in the deeds. In the year 1996, when it came to the notice of the vendor and vendees, certain mistake in respect to plots made correction in 1992 registered deeds through two separate registered deeds executed on 8.11.1996. The Registrar. Registration Officer, Hazaribagh, vide letter dated 6.2.1997 while referred the subsequent registered deeds dated 8.11.1996, intimated the petitioners that th(sic) are liable to pay more stamp duty/registration fee, the valuation having shown Rs. 9,000/ - and registration fee having enhanced since promulgation of new 1995 Rule. Two Case Nos. 298/97 and 299/97 in respect to payment of farther stamp duty/registrationfee were instituted wherein final orders were passed both on 17.3.1997 raising demand for payment of further stamp duty/registration fee to the tune of Rs. 38,039/ - and Rs. 38,029/ -, respectively with stipulation that on failure, certain proceedings shall be initiated.

(3.) ADMITTEDLY , the provision has been made for rectification of deed to rectify the error, omission or other defect which may have inadvertently crept into a document previously executed. In this context, one may refer para 393 of the Bihar Registration Manual, as quoted hereunder :