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Patna High Court

Md. MoinuddinversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The Court permitted the petitioner to appeal the Collector’s order within two weeks and disposed of the writ petition.

Summary

Petitioner Md. Moinuddin filed a writ petition challenging a notice issued by the Collector of Madhubani directing him to appear in a registration case alleging that a piece of land he registered as agricultural was actually homestead land, causing alleged revenue loss. He sought a certiorari to quash the notice, a declaration that the land is agricultural and no revenue loss occurred, and that under Section 47A(i) of the Indian Stamp Act the registrar cannot dispute court fee after registration. During the pendency of the petition, the Collector passed a final order under Section 47A. The Court allowed the petitioner to file an appeal against the Collector’s order within two weeks. Consequently, the writ petition was disposed of, with permission granted to 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 Section 47A(i) of the Indian Stamp Act, 1899 precludes the registrar from raising a dispute on court fee after registration.
  • Whether the petitioner is entitled to file an appeal against the Collector’s order within a stipulated period.

Legislation cited

Subjects

  • writ petition
  • certiorari
  • land registration
  • homestead land
  • revenue loss
  • Indian Stamp Act
  • Section 47A
  • court fee
  • appeal

Judgment

                     IN THE HIGH COURT OF JUDICATURE AT PATNA
                                 Civil Writ Jurisdiction Case No.794 of 2025
                 ======================================================
                 Md. Moinuddin                                              ... ... Petitioner/s
                                                    Versus
                 The State of Bihar                                      ... ... Respondent/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s   :        Mr.Shailendra Kumar Jha, Advocate
                 For the Respondent/s   :        Additional Advocate General (12)
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR
                                       ORAL ORDER

2   03-07-2026                   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 09.11.24 in the proceeding initiated as
                                            Registration Case No.59/2024 in connection
                                            with Letter No.336/N. dated 27.09.2024 of
                                            Sub-Registrar, Benipatti wherein Sub-
                                            Registrar has alleged that petitioner has got
                                            a piece of land registered on 10.07.24
                                            showing the land an agricultural land which
                                            is Homestead land and therefrom caused
                                            Revenue loss of Rs.49,770/- 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.1391 situated at Mauja-Sohas, Pargana-
                                            Jarail,        P.S.+Circle-Bisfi,      District-
                                            Madhubani, Total Area-21.8 Decimals,
                                            Registered in favour of petitioner by the
                                            vendor Halima Dood N/6-348% Khatoon
                                            vide Registry Token No.4601/24 Deed No.
          Patna High Court CWJC No.794 of 2025(2) dt.03-07-2026
                                                      2/2




                                            4489, dated 10.07.24 is the agricultural land
                                            evident from the Khatiyan and physical
                                            Status possession- 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 not raise dispute 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.

                                5. Petitioner is permitted to do so.

                                6. Accordingly, the writ petition stands disposed of.



                                                                    (Ajit Kumar, J)
surya/-
U


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