Patna High Court
Md. KalimversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
Holding
The Court dismissed the writ petition but granted the petitioner permission to appeal the Collector’s order within two weeks.
Summary
Petitioner Md. Kalim challenged a notice issued by the Collector of Madhubani directing him to appear in a registration proceeding concerning a piece of land he had registered, which the Sub‑Registrar alleged to be homestead land causing revenue loss. He sought a writ of certiorari to quash the notice, a declaration that the land is agricultural, and relief under Section 47A(i) of the Indian Stamp Act regarding court fee disputes. The petitioner also requested permission to appeal the Collector’s order within two weeks. The High Court allowed the petitioner's request to file an appeal against the Collector’s order and thereafter disposed of the writ petition without granting the other reliefs. Consequently, the petition was closed, but the petitioner was permitted to pursue an appeal.
Issues considered
- Whether the notice issued by the Collector directing the petitioner to appear in the registration case can be quashed by a writ of certiorari.
- Whether the land in question is agricultural land and does not constitute a revenue loss as alleged.
- Whether Section 47A(i) of the Indian Stamp Act, 1899 permits raising a dispute over court fee after registration.
- Whether the petitioner is entitled to permission to appeal the Collector’s order within a two‑week period.
Legislation cited
- Indian Stamp Act, 1899 — s. 47A(i)
Subjects
- writ of certiorari
- land registration
- homestead land
- revenue loss
- Indian Stamp Act
- Section 47A
- court fee dispute
- appeal permission
- civil writ jurisdiction
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.703 of 2025
======================================================
Md. Kalim Son of Idris, Resident of Village- Shohas, P.S.- Bisfi, District-
Madhubani.
... ... Petitioner/s
Versus
1. The State of Bihar through the Inspector General, Registration, Govt. of
Bihar, Patna.
2. The Assistant Inspector General, Registration, Govt. of Bihar, Patna.
3. The Collector, Madhubani.
4. The Sub-Registrar, Registration, Benipatti, Madhubani.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr. Shailendra Kumar Jha, Advocate
For the Respondent/s : Mr. Government Advocate (13)
======================================================
CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
ORAL ORDER
2 25-06-2026 Heard learned counsel for the petitioner and learned
counsel for the State.
2. The writ petition has been filed for the following
reliefs :-
(i) To issue a Writ in the nature of
Certiorari to quash the Notice, issued under the
authority of Collector, Madhubani by which
petitioner has been directed to appear on
@9/11/2024 in the proceeding initiated as
Registration Case No.60/2024, in connection with
Letter No.333/N. dated 27.9.2024 of Sub-Registrar,
Benipatti wherein Sub-Registrar has alleged that
petitioner has got a piece of land registered on
10.7.2024, showing the land an agricultural land
Patna High Court CWJC No.703 of 2025(2) dt.25-06-2026
2/3
which is Homestead land and therefrom caused
Revenue loss of Rs.59,756/- to the State authority.
(ii) To issue an appropriate Writ to hold
and declare that piece of land which is Thana
No.225, Tauji No.6424, Jamabandi No.1456
situated at Mauja-Shohas, Pargana-Jarail, P.S.
+Circle-Bisfi, District-Madhubani, Total Area-
26.16 Decimals, Registered in favour of petitioner
by the vendor Halima @ Halima Khatoon vide
Registry Token depd No-4488, No.4602/2024 deed
No.4488 dated 16.7.2024 is the agricultural land
Status evident from the Khatiyan and physical
status of the land. Accordingly appropriate Court
Fee has been paid and not at all revenue loss has
been caused.
(iii) To hold and declare that in terms of
Section 47 A(i) of Indian Stamp Act, 1899 (As
amended-2013) and law propounded by the
Hon'ble Court after effecting the registration, the
concerned Registrar can raise dispute hot towards
the Court Fee. the matter of Court Fee can be
raised prior to execution and enforcement of effect
of registered registry.
(iv) To grant any other reliefs for which
petitioner is entitled to have.
3. Learned counsel for the petitioner submits that
during pendency of the writ petition, final order under Section
47A of the Indian Stamp Act, 1899 has already been passed by
the Collector, Madhubani.
4. Learned counsel for the petitioner seeks permission
to file appropriate appeal against the order passed by the
Collector Madhubani within a period of two weeks.
Patna High Court CWJC No.703 of 2025(2) dt.25-06-2026
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5. Petitioner is permitted to do so.
6. Accordingly, the writ petition stands disposed of.
(Ajit Kumar, J)
sharun/-
U
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