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Patna High Court

Mustari KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Collector’s order directing payment of deficit stamp duty and penalty is set aside, and the matter is remitted to the Collector to determine the market value himself.

Summary

Mustari Khatoon purchased a residential plot and registered the sale deed on 06.08.2024. The Collector, relying on a joint inquiry by the Sub‑Registrar of Mohania and the District Sub‑Registrar of Kaimur, ordered her to pay a deficit stamp duty of Rs.3,65,904 and a penalty of Rs.36,590, alleging undervaluation of the property. The petitioner contended that under Section 47A(3) of the Indian Stamp (Bihar Amendment) Act, 2013 the Collector alone must determine the market value after registration and cannot delegate this power to sub‑registrars. The High Court held that the Collector abdicated his statutory duty by relying solely on the sub‑registrars’ report without making his own determination, which is contrary to the law. Consequently, the Court set aside the Collector’s order and remitted the matter to the Collector to independently assess the market value and levy any duty, providing a three‑month period for compliance. The writ application was thereafter disposed.

Issues considered

  • Whether the Collector can rely on a joint inquiry by Sub‑Registrars for determining market value under Section 47A(3) of the Indian Stamp (Bihar Amendment) Act, 2013.
  • Whether the Sub‑Registrar retains jurisdiction to determine stamp duty after registration of an instrument.
  • Whether the order directing payment of deficit stamp duty and penalty is valid in view of the statutory procedure.

Subjects

  • stamp duty
  • Indian Stamp Act
  • Section 47A
  • collector's powers
  • sub‑registrar jurisdiction
  • deficit stamp duty
  • penalty
  • writ jurisdiction
  • land registration
  • market value determination

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                                Civil Writ Jurisdiction Case No.7055 of 2025
                 ======================================================
                 Mustari Khatoon Wife of Mohd Jahid Ansari Resident of village- Thakura
                 P.S.- Ramgarh District- Kaimur (Bhabhua).
                                                                          ... ... Petitioner/s
                                                     Versus
           1.     The State of Bihar through the Collector, Kaimur.
           2.    The Collector cum District Magistrate, Kaimur (Bhabhua).
           3.    The District Sub Registrar, Kaimur.
           4.    The Sub Registrar, Mohania, Kaimur.
                                                           ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :       Mr. Arabind Nath Pandey, Adv.
                                        :       Mr. Varun Kumar, Adv.
                 For the Respondent/s   :       Mr. Additional Advocate General (9)
                                        :       Mr. Anil Kumar Verma, Ac to Aag9
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR SINHA
                                       ORAL ORDER

3   02-02-2026                   1. The petitioner has filed the present writ application

                   being aggrieved by the order dated 18.03.2025 passed in Stamp

                   Appeal No. 1 of 2025 by Collector-cum-District Magistrate,

                   Kaimur at Bhabhua, whereby the Collector has directed to pay

                   the deficit stamp duty of Rs. 3,65,904/- along with penalty of

                   Rs. 36,590/- having a total amount of Rs. 402,494/- pursuant to

                   registration of a sale deed having a piece of land situated at

                   Khata No. 193, Plot No. 886, Thana No. 335, Mauza-Thakura

                   having Deed No. 5848 of 2024 dated 06.08.2024.

                                 2. Learned counsel for the petitioner submits that the

                   petitioner purchased a land measuring an area of 3 decimals in

                   Khata No. 193, Plot No. 888, showing the nature of the land
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          residential parti situated in village Thakura through registered

          sale deed dated 06.08.2024. According to the petitioner, he

          started construction upon the purchased land. The elder brother-

          in-law of the petitioner made a complaint before the Collector

          alleging that the petitioner has concealed the fact that the land

          purchased by her was parti residential, inasmuch as the double

          storey structure has been constructed upon the subject land. The

          Sub-Registrar, Mohania, vide letter no. 402 dated 17.12.2024 on

          the basis of complaint made by the complainant/Md. Shahid

          Ansari and after inquiry referred the matter under Section 47 A

          of the Indian Stamp Act before the Collector for determination

          of the value of the registered sale deed dated 06.08.2024 for

          recovery of the determined value of the residential construction

          and amount of deficit stamp in exercise of power under Section

          47 A (3) of the Act.

                      3. Referring to the letter dated 17.12.2024 at

          Annexure R/1 to the counter affidavit, learned counsel submits

          that from perusal of the contents of the letter, it appears that the

          Sub-Registrar, Mohania, forwarded the joint report prepared by

          Sub-Registrar, Mohania, and District Sub-Registrar, Kaimur,

          before the Collector upon the registered sale deed having a

          finding that petitioner has caused revenue loss to the State,
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          requested the Collector to hold spot inspection of the land

          mentioned in the sale deed for the purpose of determination of

          the market value of the same and realization of the deficit stamp

          duty and penalty.

                      4. Referring to Section 47 A sub-clause (1) of the

          Indian Stamp (Bihar Amendment) Act, 2013 (hereinafter

          referred to as the Stamp Act), learned counsel further submits

          that while registering any instrument, if the sub-registrar finds

          that the instrument has been set forth wrongly and market value

          of the property has been declared at a lower rate than the

          guideline register of estimated minimum value prepared under

          the rules, he shall refer such instrument before registering it to

          the Collector for determination of the proper market value of

          such property and the proper duty payable thereon. Therefore,

          the submission is that after registration of the document/sale

          deed, the Registrar, becomes functus officio and he cannot hold

          the inquiry himself and through a joint inquiry held by him

          along with the District Sub-Registrar of Kaimur, Bhabua.

                      5. Learned counsel however submits that of course

          Collector has the power after registration of such instrument

          under Section 47 A (3) of the Stamp Act, and can examine the

          instrument for the purpose of satisfying himself as to the
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          correctness of the market value of the property which is the

          subject matter of such instrument and duty payable thereon and

          if after such examination, the collector has reason to believe that

          the market value of such property has not been rightly set forth

          in the instrument, he may determine the market value of such

          property and duty in accordance with the procedure provided in

          sub-section (2). The difference, if any, in the amount of duty is

          payable by the person liable to pay the duty. The Collector has

          not examined the instrument and the duty payable thereon

          himself, and it appears that on the basis of complaint made

          before the Collector, the inquiry was held by a joint team of

          Sub-Registrar, Mohania, and District Sub-Registrar, Kaimur and

          the inquiry report along with the letter dated 17.12.2024 was

          forwarded before the Collector by the District Sub-Registrar,

          Kaimur at Bhabua. The Collector himself has not determined

          the market value as prescribed in Section 47 A (3) of the Stamp

          Act and has merely relied upon the joint report of two Sub-

          Registrars and has passed the impugned order directing the

          petitioner to deposit the deficit court fee along with the penalty

          in Stamp Appeal No. 1 of 2025.

                      6. He relies upon the judgment of Co-ordinate Bench

          of this Court reported in 2025 Volume 1 BLJ 299 and order
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          dated 04.09.2024 in CWJC No. 4012 of 2024 in which this

          Court has held that once an instrument is registered, the Sub-

          Registrar does not have any jurisdiction to pass any order for

          determination of the stamp duty payable or for realization of any

          deficit stamp duty.

                      7. Learned Counsel also submits that the joint inquiry

          conducted by the two Sub-Registrars is vexatious and is a table

          inquiry inasmuch as, in the inquiry, it has been shown that

          double storey building has been constructed on the purchased

          land, whereas the fact of the matter is that the building is still

          under construction. Therefore, the determination of the value of

          the structure done by the Inquiry Committee is factually

          incorrect. If the power under the statute has been conferred upon

          the Collector, the Collector cannot abdicate his power and

          instead of holding the inquiry for determination of the market

          value himself and arriving at a conclusion that the collector has

          reason to believe that the market value of such property has not

          been rightly set forth in the instrument, he cannot delegate his

          power of inquiry and determination of the value to any other

          person if at all the collector has done so.

                      8. Learned counsel, however, submits that there is no

          statement in the counter-affidavit or no material on record to
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          show that after receipt of the complaint from Md. Shahid

          Ansari, the Collector has directed for joint inquiry of two Sub-

          Registrars in purported exercise of power conferred upon him

          under section 47 A (3) of the Stamp Act.

                      9. On the other hand, learned counsel for the state

          submits that a complaint was made before the Collector by one

          Md. Shahid Ansari and on the basis of the complaint, Stamp

          Appeal No. 1 of 2025 was registered by the Collector and a

          report was called for from the Sub-Registrar, Kaimur, Mohania,

          who after spot verification determined the value of the property

          and the structure made there upon and arrived at the conclusion

          that the petitioner had disclosed the less value of the property in

          sale deed which comes to Rs. 60,98,440/- and as such the

          petitioner is liable to pay the deficit stamp duty along with

          penalty which has rightly been imposed by the Collector in the

          impugned order dated 18.03.2025.

                      10. I have heard learned counsel for the parties and

          have gone through the materials available on record including

          the impugned order.

                      11. From perusal of the impugned order, it appears

          that the Collector, as per the statutory provision prescribed

          under Section 47 A (3) of the Stamp Act, has not done the
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          determination of the market value himself and has not arrived at

          the conclusion having reason to believe that market value of

          such property has not been rightly set forth in the instrument. As

          per the provisions of Section 47 A (3) of the Stamp Act, it is a

          duty of the Collector to examine instrument for the purpose of

          satisfying himself as to the correctness to the market value of

          the property which is the subject matter of such instrument and

          duty payable thereon and after such examination, if the

          Collector has reason to believe that the market value of such

          property has not been rightly set forth in the instrument, he may

          determine the market value of such property and duty in

          accordance with the procedure prescribed in sub-section (2).

                      12. In the present case, the Collector, without

          determining the market value of the property and the structure

          standing thereon, and without arriving at the conclusion on the

          basis of his own determination that the market value of such

          property has not been rightly set forth merely on the basis of

          inquiry done by Sub-Registrar, Mohania, and District Sub-

          Registrar, Kaimur, has passed the order directing the petitioner

          to deposit a sum of Rs. 4,02,494/- as deficit stamp duty as well

          as penalty. This is trite law that if statutory authority has been

          given some responsibility, in the statute, he has to act strictly in
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          terms of the duty cast upon him in the statute and not otherwise.

          The aforesaid principle has been laid down by the Hon’ble

          Supreme Court in the case of Dhanajaya Reddy v. State of

          Karnataka, reported in (2001) 4 SCC 9 and in Opto Circuit

          India Limited v. Axis Bank & Ors., reported in (2021) 6 SCC

          707. The Collector has abdicated his statutory duty and has not

          determined the market value and the structure standing upon the

          purchased land and merely on the inquiry report of Sub-

          Registrar has held that the value disclosed by the petitioner of

          the property in the sale deed was not correct and directed for

          payment of deficit stamp duty and penalty. As per section 47A

          (1) of the Stamp Act, after registration of the sale

          deed/document, the Sub-Registrar becomes functus officio and

          the power to determine the value of the registered property vests

          with the Collector under Section 47 A (3) of the Stamp Act. The

          Collector, at his own level, can determine the market value of

          such property and duty payable upon the same in accordance

          with the procedure provided in sub-section (2) of Section 47 of

          the Stamp Act.

                      13. Considering the aforesaid discussion upon facts as

          well as on law, this court finds that the exercise of power by the

          Collector based upon the determination of the value of the
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                    property by a joint inquiry of Sub-Registrar is erroneous.

                    Accordingly, the impugned order dated 18.03.2025 passed by

                    the Collector is set aside. The matter is remitted back to the

                    Collector to examine the correctness of the market value of the

                    property and structure himself which is the subject matter of the

                    instrument in question. The Collector may determine the market

                    value of the property of the document in question and duty

                    payable thereon in accordance with the procedure prescribed in

                    Sub-Section (2) giving opportunity of hearing to the petitioner

                    and all concerned. After remand, the Collector is directed to take

                    necessary steps in accordance with law within a period of three

                    months from today.

                                14. With the aforesaid direction and observation, the

                    present writ application is disposed.



                                             (Anil Kumar Sinha, J)
HarshPandey/-

U


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