SUMAN KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition, the petitioner has prayed for issuance of appropriate writ in the nature of certiorari for quashing the notice dated 21-1-2005 issued by respondent No. 2-the District Registrar, hazaribagh whereby he has directed the petitioner to pay a sum of Rs. 82,112/- in respect of Deed No. 13 dated 9-6-1999 being the stamp duty which is liable to be paid for the aforesaid deed of Power of Attorney executed in favour of the petitioner.

(2.) BEFORE deciding the interesting question of law involved in this writ petition, I would like to refer first some of the relevant facts as under : a registered Power of Attorney dated 9-6-1999 being Deed No. 13 was executed by prakash Kumar, Prabhat Kumar, Prashant kumar and Sunil Kumar in favour of the petitioner in respect of 0. 35'/z acres of plot no. 56 under Khata No. 12 situated in the district of Hazaribagh authorizing the petitioner to manage, sell, to defend or file any case and to do all necessary acts including transfer of the said property by executing sale deed in the name of and on behalf of the executant and receive the consideration amount and to pay the same to the executant. According to the petitioner, the said registered deed of Power of Attorney was duly stamped according to the Stamp Act. The petitioner being the Power of Attorney holder beside doing other things in respect of the said property executed various sale deeds in favour of diferent persons. However, the petitioner shocked to receive the impugned notice dated 21-9-2005 issued by the District Sub-Registrar, Hazaribagh whereby the petitioner has been directed to pay a sum of Rs. 82,112/- being the stamp duty payable in the said Power of Attorney treating the same as an instrument of sale.

(3.) LEARNED counsel appearing for the petitioner firstly submitted that the Sub-Registrar has no power to issue the impugned notice and the same is wholly without jurisdiction. Learned counsel submitted that the registered Power of Attorney did not create, assign, limit or extinguish any right, title or interest in favour of the petitioner in respect of the said property, rather the document merely authorizes and empower the petitioner to manage, deal with, transfer or to do all necessary acts which may be necessary in respect of the said property in the name of and on behalf of the executant.