CIVIL WRIT JURISDICTION CASE No.10986 OF 1993 SMT. INDU SINGH, wife of Sri Arun Kumar Singh, Resident of village Mirzapur Banduar, Police Station – Begusarai, District – Begusarai. -------------- Petitioner. Versus 1. The State of Bihar 2. Inspector General of Registration-cum-Special Secretary, Government of Bihar, Patna. 3. Sub-Registrar, Registration Office, Begusarai 4. Sub-Divisional Magistrate, Begusarai. -------------- Respondents. WITH CIVIL WRIT JURISDICTION CASE No.11055 OF 1993 SMT. INDU SINGH wife of Sri Arun Kumar Singh, Resident of village - Mirzapur Banduar, Police Station – Begusarai, District – Begusarai. -------------- Petitioner. Versus 1. The State of Bihar 2. Inspector of Registration-cum-Special Secretary, Government of Bihar, Patna. 3. Sub-Registrar, Registration Office, Begusarai 4. Sub-Divisional Magistrate, Begusarai. -------------- Respondents. ---------------- For The Petitioner : Mr. Pramod Kumar Singh, Adv. For The Respondent : A.A.G.10 For The Petitioner : Mr.Pramod Kumar Singh, Adv. For The Respondent : A.A.G.10 P R E S E N T THE HON'BLE MR. JUSTICE AJAY KUMAR TRIPATHI ************* A. K. Tripathi, J. Heard learned counsel for the petitioner and learned A.A.G. 10 for the State. In both the writ applications petitioner is aggrieved with - 2 - the identical kind of notice which was issued to her in terms of Annexure – 1 dated 03.02.1993, as well as an order dated 31.03.1993 passed on the objection filed by the petitioner which is Annexure – 2 to the two writ applications. Submission of learned counsel for the petitioner is that under the Indian Stamp Act, the power is to be exercised by the Collector of the District concerned and the Sub-Divisional Magistrate has no jurisdiction on such matter of deficit stamp tendered for registration of a document. If the power is not vested in the Sub-Divisional Magistrate, then both the notices as well as the order passed in this regard will have to go. In the counter affidavit an old notification and publication has been annexed which states that Collector also includes Sub-Divisional Magistrate, but this position does not seems to be borne out by any notification which is available in any of the current publication or otherwise. Attention of the Court has also been brought to the amendments brought about in the Act by the State of Bihar in the year 1988 and 1991, where the powers have been specifically vested in the Collector of the District concerned. There is no indication that the Sub-Divisional Magistrate will also exercise such power. In view of the above, both Annexure - 1 & 2 are quashed. The writ application is allowed. Liberty is granted to the Collector of the District to do the needful if he is of the - 3 - opinion that an action is required in view of the valuation of the stamp which has been filed by the petitioner for the two instruments which has been registered earlier. Patna High Court The 4th Day of December, 2008, NAFR/AFR, Rajeev/ (Ajay Kumar Tripathi, J.)