N.S.AND COMPANY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner is aggrieved by the letter dated 17.4.2001 issued under the signature of Assistant Mining Officer, Pakur, whereby he has directed the petitioner to put the valuation of the mining lease on the basis of 1/10th of the total royalty paid during the past 10 years.

(2.) THE petitioner, a partnership firm, applied for renewal of its mining lease in relation to Block 2 -A, 3 situated in Malpahari in the district of Pakur measuring an area of 8.05 acres. The application for renewal of the lease of the petitioner was processed on the basis of certain terms and conditions which was communicated vide impugned letter dated 7.4.2001. The respondent No. 4 while communicating the order of Dy. Commissioner for renewal of the lease directed the petitioner to deposit stamp duty calculated on the basis of value of assets at 1/10th of paid up royalty paid during the last 10 years is wholly, illegal and without jurisdiction.

(3.) THE Indian Stamp Act, 1899 deals with the stamp duty payable on the instrument. Section 3 is enabling provision which deals with ascertainment of stamp duty. Section 26 which is the relevant provision for the instant case reads as under : - -