IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.12573 of 2005 Kari Singh son of Late Sheo Nandan Singh ,resident of village Bihat,Tbla Gurudaspur,P.S.Barauni District Begusarai……..Petitioners. Versus 1.The State of Bihar 2. The Collector, Begusarai 3. The Sub-Registrar, Teghra, District Begusrai…….Respondents. ---------------------------------- 2 23.11.2011 Heard learned counsel for the petitioner and learned counsel for the State. The petitioner has moved this Court being aggrieved by the notice sent for depositing the deficit stamp fee alongwith fine of Rs. 27,472/- for getting the deed of reconveyance registered. Learned counsel submits that originally the deed was registered as a sale deed. From the recital of the deed it is clear that upon return of the money, the same property in question was to be returned. He submits that in view of the same, the deed was of reconveyance and the stamp fee with regard to reconvyance of mortgage property, schedule of the year 1898 shall apply and according to him, the amount of stamp fee paid was appropriate and thus the notice was misconceived and deserves to be quashed. Learned counsel for the State submits that if the petitioner’s contention is true then the original sale deed should not have been registered with the amount required for a 2 deed of sale. The petitioner at the time of the original deed ought to have paid only the amount of stamp fee treating it to be a deed of mortgage of such land and it cannot be at this stage to take the stamp fee. That being so now it to be treated as in question 54 that similar was a schedule of the 58C of the Transfer of the property Act had become to be the matter of re-conveyance. After considering the rival submissions and going through the provisions of the Stamp Act 1989, this Court is of the firm opinion that the permission made on the result for the State is valid. The petitioner having chosen himself to be registered deed of sale, after treating the requisite Court stamp fee, cannot at the stage of registering deed of re- conveyance the stand for original deed of sale. In view of the aforesaid, the writ petition is devoid of merit and stands dismissed. Sudha (Ahsanuddin Amanullah, J.)