IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.9389 of 2020 ====================================================== Pushpa Swanarm D/o Sri Rajeshwar Prasad, Wife of Shri Madhu Anand Resident of Mohalla- Station Road, Near Mahabir Chowk, Ward No.25, P.S. and District- Supaul. ... ... Petitioner/s Versus 1. The State of Bihar through the Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna. 2. The Principal Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna. 3. The Excise Commissioner-cum-Inspector General, Department of Registration, Government of Bihar, Patna. 4. The Commissioner, Koshi Division, District- Saharsa. 5. The District Officer-cum-District Magistrate-cum-District Collector, Supaul. 6. The Assistant Inspector General, Department of Registration, Koshi Division, District- Saharsa. 7. The Registration Officer, District Registration Office, Supaul. 8. The Circle Officer, Supaul, District- Supaul. 9. Suresh Kumar Singh Son of Late Ramji Prasad Singh Resident of Village- Korathbari, Madhubani, P.S.- K. Hat, District- Purnea. ... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Amrit Abhijat, Advocate Mr. Snehil Kumar, Advocate For the Respondent/s : Mr. Manish Kumar, AC to AAG-6(Ex) ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJIV ROY ORAL ORDER 6 13-08-2026 Heard Mr. Amrit Abhijat, learned counsel for the petitioner and Mr. Manish Kumar, learned counsel representing the State. 2. The present petition has been preferred for the following relief(s): “A) to issue a writ in the nature of certiorari setting aside order dated Patna High Court CWJC No.9389 of 2020(6) dt.13-08-2026 2/6 21.1.2016 contained in Memo No. 43R, passed by Assistant Inspector General, Department of Registration, Koshi Division, Saharsa in refer case No. 01/2015, deed no.1902/12, directing petitioner to pay deficient stamp duty of Rs.95,600/- with cost with Rs.9506/-at the rate of 10% U/S 47(A) (7) of Bihar Stamp Act as stamp duty of the transferred land is excess to be Rs.1,30,400/- whereas petitioner has only paid stamp duty of Rs.34,800/- since nature of land is residential (Annexure-4) and also order dated 28.12.19 passed by Commissioner, Koshi Division, Saharsa in stamp Appeal Case No. 17/17 (Annexure-7), affirming the aforesaid order dated 21.1.2016. B) any other relief or reliefs, writ or writs, direction or directions which this Hon'ble Court may deem fit and proper in the facts and circumstances may also be granted.” 3. The petitioner is aggrieved by the orders dated 28.12.2019 passed by the Commissioner, Kosi Division, Saharsa in Stamp Appeal Case No. 17 of 2017 by which the order passed vide Memo No. 43R dated 21.01.2016 passed by the Assistant Inspector General, Registration, Kosi Division, Saharsa has been affirmed. 4. The details of the land stands incorporated in Patna High Court CWJC No.9389 of 2020(6) dt.13-08-2026 3/6 Paragraph no. 4 and read as under: 4. That petitioner purchased 00- 03-14-13 dhurki of land appertaining to Khata No.89)old), 52(new), Kheshra No.635(old), 494/4824(new) mauza- Gaurabgarh, Thana No.218, Anchal + P.S. + District-Supaul, bounded by- The land of Jawahar Yadav- North, Sudama Devi-South, Madhu Anand- East and Dinesh Singh and Hariwansh Singh-West. The nature of land was developing and as per prevailing stamp revenue according to Bihar Registration Act, petitioner paid stamp of Rs.34,800/-as stamp duty and Rs.9474 registration fees along with the sale deed and Sri Sahid Jamil Ahmad, Registration Officer, Supaul was pleased to execute and register sale-deed vide deed No.1902 dated 16.03.2012. 5. The petitioner purchased the said land from Suresh Kumar Singh vide Register Sale Deed No. 1902 dated Patna High Court CWJC No.9389 of 2020(6) dt.13-08-2026 4/6 16.03.2012, no road was shown in the said deed though Suresh Kumar Singh when purchased the land from Laxmi Narayan Singh vide Sale Deed No. 6303 dated 30.11.2009, a road was shown on the East of the said land. 6. Accordingly, the fee came down and in absence of road considering it as a developing land, the allegation is that less stamp fee (Rs. 95,600) was paid. 7. The matter went before the AIG, Kosi Division, Saharsa, as recorded above, the enquiry was conducted through a clerk, the AIG found the report not up to the mark, still considering that in the earlier vendor's record, there was a road on the Eastern side, the petitioner deliberately suppressed the said fact during the execution of sale deed and accordingly, directed her to pay the said amount along with 10 percent fine which comes to Rs. 1,04,060/-. 8. Aggrieved by the said order, the Stamp Appeal Case No. 17 of 2017 was preferred before the Divisional Commissioner, Kosi Divion, Sharsa which came to be rejected on 28.12.2019. 9. Aggrieved, the present writ petition. 10. Learned counsel for the petitioner after some argument concede that the earlier vendor of the petitioner’s Patna High Court CWJC No.9389 of 2020(6) dt.13-08-2026 5/6 vendor recorded road on the eastern side but actually it was error and still there is a no road. No proper enquiry has been conducted and to settle the matter and to show his bona fide, he is ready to submit the demand draft of Rs. 10,000/- addressed to the Additional Inspector General, Registration, Kosi Division, Sharsa so that a proper enquiry through revenue authorities is/are conducted and if it is found that the contention of the respondents is/are correct, his amount be forfeited. 11. On the other hand, if they come to the conclusion that the petitioner’s vendor wrongly recorded road on the eastern side and actually there is/was no road, an appropriate be passed and the amount so deposited be returned. 12. Learned State counsel submits that reasoned orders have been passed by the respondents but since AIG himself doubted the report submitted by the clerk, a chance can be extended to the petitioner. 13. In that background, the writ petition is disposed of with a direction to the petitioner to approach the AIG, Registration, Kosi Division, Saharsa within four weeks along with her bank/demand drafts of Rs. 10,000/- duly issued by the State Bank of India of the local branch and if such petition along with the draft is/are within a said period, the AIG shall conduct Patna High Court CWJC No.9389 of 2020(6) dt.13-08-2026 6/6 an enquiry through the revenue authorities and on the basis of the report, a fresh order is to be passed. 14. Needless to add, if they come to the conclusion that the earlier order need no interference, the amount so deposited shall stand forfeited. 15. On the other hand, if they come to a different conclusion, the said draft be returned to the petitioner. 16. With the aforesaid observation, the writ petition is disposed of. munindra/- (Rajiv Roy, J) U