SBCWP NO.3418/2004 –JASWANT V/S ADDITIONAL DISTRICT JUDGE (FAST TRACK) ANOOPGARH AND ANR. : ORDER DATED 4.4.2008 1/3 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. CIVIL WRIT PETITION NO.3418/2004 Jaswant S/O Bhadar Ram. versus The Additional Dist. Judge (Fast Track) Anoopgarh and anr. PRESENT HON'BLE Dr.JUSTICE VINEET KOTHARI Mr. S.L.Jain, for the appellants None present for the respondents. DATE OF JUDGMENT : 4th April, 2008. JUDGMENT 1. Heard the learned counsel. 2. The only grievance raised in the present writ petition is that the learned Trial Court below could not have imposed penalty of 10 times of deficit court fees on a document (Agreement to sell) which was offered in evidence, which in the opinion of the Court was not sufficiently stamped. SBCWP NO.3418/2004 –JASWANT V/S ADDITIONAL DISTRICT JUDGE (FAST TRACK) ANOOPGARH AND ANR. : ORDER DATED 4.4.2008 2/3 3 The learned counsel for the petitioner submits that under Section 40 of the Indian Stamps Act, 1899, it is only the Collector who impounds any such instrument with deficit amount of stamp duty, can get the same stamped with such deficit amount and the amount not exceeding ten times the amount of the proper stamp duty. It is not for the Court where such inadequately stamped instrument is offerred in evidence who can impose such penalty. 4. This Court by interim order dtd.17.8.2004 in this petition directed the matter to be referred to the Collector for adjudication of proper stamp duty within a period of two months. The learned counsel informs that the Collector has since determined such deficit stamp duty at Rs.61,601/- vide order dtd.27.6.2005. The said order is placed on record. He further submits that the said deficit stamp duty had already been paid by the petitioner including the penalty of Rs.100/- imposed by the said Collector with deficit stamp duty of Rs.61,501/- and thus, the document in question, namely, agreement to sell in the suit for specific performance which is pending in the trial Court can now be admitted in evidence. SBCWP NO.3418/2004 –JASWANT V/S ADDITIONAL DISTRICT JUDGE (FAST TRACK) ANOOPGARH AND ANR. : ORDER DATED 4.4.2008 3/3 5. In view of the submissions made at the bar and provisions of Section 40 of the Indian Stamps Act, 1899, this petition is disposed of by setting aside the order dtd.13.5.2004 passed by the learned trial Court with a direction that the said document is now properly stamped by the Collector and the same may be admitted in evidence and the trial may proceed accordingly. 6. With these observations, this writ petition is disposed of. No order as to costs. (Dr.VINEET KOTHARI)J. Item No.2 Ss/-