IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2320 of 2010 NIRANJAN KUMAR Versus STATE OF BIHAR & ORS. ----------- 3 25.8.2010 Heard learned counsel for the petitioner and the State. The petitioner filed a writ application bearing C.W.J.C.No.12977 of 2006 for delivery of his original sale deed dated 21.7.2000 whereby this court by order dated 5.3.2010 has directed the Circle Officer, Patna to submit an enquiry report to respondent nos.3 and 4 within three weeks from the date of receipt of that order, whereafter they would intimate the petitioner about deficiency in stamp value, if any, required under Indian Stamp Act at the relevant time of registration on 21.7.2000. The aforesaid sale deed would be delivered to him immediately thereafter but the same has not yet been delivered to him. The petitioner submits that sale deed was executed in his favour by one Lakshman Singh of village Sampatchak, P.O. Bariya, P.S. Gaurichak, Patna for which original chirkut dated 21.7.2000 was issued by vender with his signature thereon in token of full satisfaction of consideration money. The sale deed was sent for enquiry and report regarding valuation of land/house to the Circle Officer, Sampatchak. Thereafter, the Circle Officer registered a case No.54/2000-01 under section 47A of the Indian Stamp Act on 12.12.2000. However, he did 2 not send back the sale deed to the office concerned despite reminder including letter dated 6.9.2006 sent to District Registrar, Registry Office, Patna. The sale deed in question was executed admittedly in Registry Office of Patna on 21.7.2000 in favour of the petitioner. Learned counsel for the petitioner submits that this court by order dated 5.3.2010, passed in C.W.J.C.No.12977of 2006 directed the Circle Officer, Patna to submit the enquiry report to respondent nos.3 and 4 within three weeks from the date of that order. It was further directed that the sale deed would be delivered to the petitioner immediately thereafter. He submits that the original sale deed has not yet been delivered to him. A show cause has been filed on behalf of the Opposite parties wherein in paragraph 3 it has been stated that the Circle Officer, Sampatchak had not returned the original sale deed. It has further been submitted that second copy duly filed by the executant of the document in the year 2000 was searched and found in the office. The respondent no.4 following another measure procured the permission of the Collector, Patna under para 312 of the Bihar Registration Manual, instruction and orders which stipulates that procedure to be followed in cases where register, books are lost. It is stated that after obtaining the Collector’s permission the second copy was sent to the legal section of the Collectorate from where a notice was sent to the petitioner to deposit deficit stamp of Rs.76,262.00. The 3 KHAN petitioner deposited the deficit stamps vide two challans dated 22.6.2010. Thereafter second copy of the sale deed was registered vide token no.20207, deed no.17049 dated 25.6.2010 and the same has been delivered to the petitioner. Having considered the facts and circumstances of the case, this court observes that despite the order of this court dated 5.3.2010 passed in C.W.J.C.No.12977 of 2006 the original sale deed executed in favour of the petitioner has not been sent back. This Court deprecates the manner in which the original sale deed of the petitioner was lost from the office of the Circle Officer, Sampatchak. The Subdivisional Officer, Patna is directed to make an enquiry in respect of the same. It is made clear that as the State is responsible for the loss of the original sale deed of the petitioner and second copy of the same has been delivered to him, no prejudice would be caused to the petitioner. With the aforesaid observations and directions, this contempt application stands disposed of. (S.P.Singh,J)