Patna High Court
Md. MoinuddinversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- AJIT KUMAR
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
- Indian Stamp Act, 1899 — s. 47A(i)
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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