IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 17131 of 2009. [O&M] Date of Decision: 15th March, 2011. Balwinder Singh Petitioner through Mr. P.C.Rakra, Advocate Versus Financial Commissioner [Revenue], Punjab & Ors. Respondents through Ms. Monica Chhibbar, DAG, Punjab. CORAM: HON'BLE MR. JUSTICE SURYA KANT. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? SURYA KANT, J. [ORAL] The petitioner is a poor farmer who took a loan of ` 4 lacs from the State Bank of Patiala, Dasuya Branch under the Kisan Gold Scheme – Agricultural Finance for the purchase of agricultural implements. The petitioner also executed a Mortgage Deed dated 05.08.2004 hypothecating his agricultural land measuring 20 kanals in favour of the Bank to secure the afore-stated loan. The Collector, Hoshiarpur vide his impugned order dated 11.01.2007 [Annexure P-7] directed the petitioner to affix the stamp duty and registration charges on the said mortgage deed. It appears that the petitioner instead of filing an appeal before the Commissioner of the Division, filed an appeal before the Financial Commissioner, Punjab who rejected the same in a totally mechanical manner. The solitary question that arises for consideration is as to whether the petitioner is exempted from affixation of the stamp duty and registration charges on the aforesaid mortgage deed in terms of the Punjab Government notification dated 21.06.2001 [Annexure P- 2]? The Government notification has been issued in purported exercise of the powers conferred by Sections 78 and 79 of the Registration Act, 1908 and its operative part reads as under:- “Provided further no registration fee shall be chargeable on any deed of mortgage without possession, for securing loan from any commercial or banking institution to meet the expenditure for any of the following purposes, namely:- “purchase of inputs [crop loans] like fertilizers, insecticides, pesticides, weedicides and seeds”, the following provisions shall be substituted, namely:- “Provided further that no registration fee shall be chargeable on any instrument executed by any person for securing loan from a bank [Nationalist Bank, Cooperative Bank or Private Bank], Cooperative Society or Banking Institution to meet the expenditure for any agricultural purposes or purposes allied to it including machinery and building which is not used for commercial purposes, namely:- 1. to 35 xx xx” [Emphasis applied]. It would, thus, be seen that no registration fee is leviable on any deed of mortgage executed for securing loan from any financial institution to meet the expenditure for various purposes, namely, from Sr. No.[1] to [35] which enlist the purchase of agricultural equipments, like tractor, trolley, thrasher etc. The petitioner admittedly took the loan for the purchase of 'agricultural implements' which are listed at Sr. No. 7 of the aforementioned Government notification. Since the petitioner took loan from a nationalized bank and executed the mortgage deed to secure the loan taken for 'agricultural implements', he is undoubtedly entitled to the benefit of the Punjab Government notification dated 21.06.2001. The Collector as well as the Financial Commissioner failed to exercise their jurisdiction while holding that the Gold Card Scheme of the State Bank of Patiala is not meant for the enlisted items and that the petitioner is not entitled for the benefit of the same. It was not the 'scheme' rather the 'purpose' of loan taken by a farmer which was relevant and the same being referable to the afore-stated notification, no liability could be fastened upon the petitioner. For the reasons aforementioned, the writ petition is allowed, the impugned order dated 11.01.2007 [Annexure P-7] passed by the Collector, Hoshiarpur is set aside. Consequently, the order dated 22.07.2008 [Annexure P-8] passed by the Financial Commissioner [Revenue], Punjab is also quashed. Disposed of. Dasti. March 15, 2011. ( SURYA KANT ) dinesh JUDGE