V.GOPALA GOWDA, CJ & B.N.MAHAPATRA, J. W.P.(C) NO.17267 OF 2011 (Decided on 13.07.2011) DURYODHAN SINGH ………Petitioner. .Vrs. STATE OF ORISSA & ORS. ……….Opp.Parties. INDIAN REGISTRATION ACT, 1908 (ACT NO. 16 OF1908) – S.17 (d). For Petitioner - U.K.Samal For Opp.Parties - Addl.Govt Adocate Since all the writ petitions involve the common question of law, the same are up together for hearing and final disposal. 2. On oral prayer, learned council for the petitioners is permitted to delete all the opposite parities and directed to impaled Sib-Collector, Panposh as opposite party in all the case the cases, who has conducted the auction. 3. Heard Mr, U.K. Smal, learned council for the petitioners and learned Additional Government Advocate. 4. The prayer of the petitioners in these cases is that the oral demand made by the to opposite party to deposit 5% of the bid amount as stamp duty for registration of the agreement before the Registration Authority , under the provisions of Section 17 of the Indian Registration Act and the Indian Stamp Act is under challenge before this Court for issuance of a writ of mandamus to the opposite party by placing strong reliance upon Rule 53 of the Orissa Minor Mineral Concession Rules, 2004 and the advertisement dated 24.02.2011 produced under Annexure- 4 that the auction of sairat in question is for a period of less that one year i.e. from 2011- 2012 (unto 31.03.2012 ) which is not required to be registered under Section 17 (d) of the Indian Registration Act. If the document is not required to be registered, the question of payment of Stamp duty under the Indian Stamp Act and Rule 53 of the OMMC Rules does not arise in the facts and circumstances of the case. Therefore, learned counsel for the petitioners Mr. Samal has requested this Court to issue a writ of mandamus to the opposite party to execute an agreement in favour of the petitioners without insisting to pay the Stamp duty as the petitioners are the highest bidders and have deposited the total bid amount. 5. On perusal of the averments of the petitioners and the undisputed facts of auction notification dated 24.02.2011 for the sairat in question which is for a period 2011-12 (UPTO 31.03.2012) which is less than a year. Therefore, the question of registration of the agreement under section 17 (d) of the Indian Registration Act, 1908 is wholly unnecessary. When the documents are not required to be registered, the question of payment of stamp duty as demanded orally by the opposite party is wholly impermissible in law . 6. In the view of the matter, it is a fit case to issue a writ of mandamus to the opposite party with a direction to execute the agreement in favour of the petitioners in respect of the sairat in question for a period a of one year from the date of execution of the agreement upto 31.03.2012 without insisting for payment of the stamp duty. Accordingly, we direct. The entire exercise shall be done within a period of two weeks from the date of production of certified copy of this order. 7. With the aforesaid observation and direction, the writ petitions as well as the Misc. Cases are disposed of. Writ petition disposed of. 2