Patna High Court
Raman Kumar SinghversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The court held that rectification of a registered deed for clerical errors can be effected by the registering authority under the principles laid down in Baleshwar Mahto, with only a nominal stamp duty, and the petitioner must first file an application to that effect.
Summary
The petitioner, Raman Kumar Singh, filed a writ petition seeking an order directing the Sub‑Registrar, Madhepura, to rectify a typographical error in a registered sale deed dated 21‑02‑2018, as mandated by a lower court's order in Title Execution Case No.09/2012. The petitioner argued that the registration fee demanded for the rectification is contrary to the Supreme Court’s decision in Baleshwar Mahto & Anr. v. State of Bihar, which holds that rectification deeds correcting clerical mistakes are liable to a nominal stamp duty of one rupee and should be processed by the registering authority. The State counsel contended that the petitioner should first file a detailed application before the registrar citing the precedent. The High Court held that the petitioner may approach the registering authority with an application referencing the Baleshwar Mahto judgment and directed the registrar to consider the application and effect the rectification within six weeks, provided the case falls within the parameters of the precedent. Consequently, the writ petition was disposed without further orders.
Issues considered
- What is the appropriate procedure and fee for rectifying a registered sale deed containing a typographical error?
- Does the Baleshwar Mahto judgment govern the stamp duty and registration fee applicable to such rectification?
Legislation cited
- Indian Stamp Act — s. 4
Subjects
- rectification deed
- registered sale deed
- stamp duty
- registration fee
- typographical error
- civil writ jurisdiction
- Bihar Registration Manual
- court fee exemption
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.2376 of 2026
======================================================
Raman Kumar Singh Son of Late Ramji Singh, resident of village- Sukhasan
Hall, ward no 09, p.s.- Madhepura, District- Madhepura at present Ward No.-
18, Main Road, Madhepura.
... ... Petitioner/s
Versus
1. The State of Bihar through the Principal Secretary, Revenue and Land
Reforms, Govt. of Bihar, Patna.
2. The District Magistrate, Madhepura.
3. The Asst I.G. Registration, Madhepura Division, Madhepura.
4. The Sub Registrar, Madhepura.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mrs. Shweta
For the Respondent/s : Mr. U.S.S. Singh, GP(19)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 15-04-2026 Heard learned counsel for the petitioner and
learned counsel for the respondents.
2. The writ application has been filed for directing the
respondent to carry out the rectification in the registered sale
deed no.1869 dated 21.02.2018 which was executed in favour of
the petitioner in compliance of the order dated 07.02.2018
passed in Title Execution Case No.09/2012 (arising out of Title
Suit No.09/1994) passed by learned Sub Judge IV, Madhepura,
whereby the learned Court below directed to carry out
rectification which is in the nature of typographical error/
clerical mistake but the respondent Sub-Registrar, Madhepura
sitting tight over the matter and the poor petitioner fighting for
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delivery of possession over last 30 years which is erroneous and
requires interference by the Hon’ble Court and/or pass such
other appropriate relief/reliefs for which the petitioner is entitled
in the facts and circumstances of the case.
3. Learned counsel for the petitioner submits that for
carrying out rectification in the aforesaid registered sale deed,
the court fee demanded is contrary to the law laid down by the
Hon’ble Apex Court in Baleshwar Mahto & Anr. vs. State of
Bihar & Ors., reported in 2001 (49) BLJR 1809. Referring to
paragraph 4 of the said judgment, it is submitted that such
rectification can be carried out by the registering authority to
correct errors/omissions in the document and corresponding
revenue records. The relevant portion of the said judgment is
extracted hereinbelow:—
4. Admittedly, provision has been
made for rectification of a deed to rectify errors,
omissions, or other defects which may have inadvertently
crept into a document previously executed. In this
context, reference may be made to Paragraph 393 of the
Bihar Registration Manual, which reads as follows:-
“393. A rectification
deed is, as the name itself indicates, a
document which purports to rectify
and error, omission or-other defect
which may have inadvertently crept
into a document previously executed
and it should be distinguished from a
Patna High Court CWJC No.2376 of 2026(2) dt.15-04-2026
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document which purports to effect any
material alteration in the terms of
original document, in the latter case
the second document constitutes per
se separate document and is liable to
stamp duty as an original document.
The registration fee should be charged
as on the original deeds and a note of
rectification should be made against
the true copy of the original deed in
the register book. A rectification deed
falling within the purview of the
Section 4 (i.e. in the case of sale,
mortgage or settlement) of the Indian
Stamp Act is liable to duty of one
rupee but the case of other
rectification deeds i.e. deeds which
rectify instruments which do not fall
under the category of sale, mortgage
or settlement, is different. A
rectification deed on the latter kind
except when it purports to effect any
material change in the terms,
especially in case of lease is liable to
a stamp duty of annas twelve as an
agreement.
Any alteration or addition
made in the name of executant or
claimant, nature of extent of interest
transferred, consideration, any of the
condition, or date of execution may be
regarded as a material change.
A deed of rectification of
cancellation or revocation is
compulsorily or optionally
registerable according to the nature of
the original document the terms of
which are rectified, cancelled or
revoked. For statistical purposes such
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a deed is to be grouped with
miscellaneous documents.”
4. At this stage, learned counsel for the State submits
that the petitioner may be directed to file a detailed application
before the registering authority, referring to the aforesaid
judgment, within a reasonable time.
5. Considering the aforesaid, the petitioner is directed
to file an appropriate application before the registering authority,
making reference to the judgment in Baleshwar Mahto (supra),
within a period of two weeks from today. Upon such filing, it is
expected that the registering authority shall consider the same
and take appropriate steps for necessary rectification, in
accordance with law, within a period of six weeks thereafter, if
the case of the petitioner falls within the parameters laid down
in the aforesaid judgment.
6. With the aforesaid observation and directions, the
writ application stands disposed of.
(Ajit Kumar, J)
shikha/-
U
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