IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL WRIT JURISDICTION CASE No.4438 OF 2007 ====================================================== 1. Gangotri Apartment Owners Association through its president cum Secretary cum treasurer Moti Lal Rungta son of Late Nand Kishore Rungta resident of Flat No. 703, Gangotri Apartment, Shivam Apartment Lane, Off. Exhibition Road, P.S.-Gandhi Maidan, town and District-Patna 2. Gita Rani Rungta wife of Shiva Ratan Rungta resident of Flat No. 101, Gangotri Apartment, Shivam Apartment Lane, Off. Exhibition Road, P.S.-Gandhi Maidan, town and Distt. Patna. …………………………. Petitioner Versus 1. The State Of Bihar through the Chief Secretary, Government of Bihar. 2. Secretary, Urban Development Department, Government of Bihar, Patna. 3. Secretary-cum-Inspector General, Registration, New Secretariat, Bihar, Patna. 4. Collector-cum-Registrar, Patna. 5. Sub-Registrar, Patna. 6. Patna Municipal Corporation, Patna, through its Chief Executive Officer. 7. The Competent Authority under Apartment Ownership Act, 2006 under Urban Development Department, Government ……………………… Respondents ====================================================== Appearance : For the Petitioners: Mr. Ambar Nath Banerji, Advocate Mr. Bimlendu Shekhar Thakur, Advocate For the Respondents: Mr. Lalit Kishore, AAG-1 Mr. Vinay Kirti Singh, Advocate ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE AND 2 HONOURABLE MR. JUSTICE JYOTI SARAN ORAL JUDGMENT (Per: HONOURABLE THE CHIEF JUSTICE) 17.01.2011 Learned Advocate Mr. Ambar Nath Banerjee has appeared for the petitioners-Gangotri Apartment Owners’ Association and one another. Mr. Banerjee has submitted that in this petition filed under Article 226 of the Constitution the petitioners have challenged the constitutional validity of Sections 3(b), 3(d), 3(r), 3(w), 7, 10, 13, 19 and 21(4) of the Bihar Apartment Ownership Act, 2006 (hereinafter referred to as “the Act”). Nevertheless, the challenge essentially was against the registration fee charged by the State. He has submitted that in view of the Government Notification dated 6th May 2006 issued by the State of Bihar under the Indian Stamp Act, 1899 in respect of Stamp duty chargeable on instruments of conveyance, the petitioners do not want to pursue the matter further. He therefore, does not press this petition. The petition is disposed of as not pressed. The parties will bear their own cost. Patna High Court/ Dated the 17th January 2011/ Bibhash/N.A.F.R. ( R.M. Doshit, CJ.) (Jyoti Saran, J.)