Patna High Court
Gopal Prasad Agarwal @ Lakshmi Prasad ... vs The State Of Bihar & Ors on 27 October, 2016
Author: Hemant Gupta
Bench: Hemant Gupta, Ahsanuddin Amanullah
IN THE HIGH COURT OF JUDICATURE AT PATNA
Letters Patent Appeal No.1200 of 2015
Arising out of
Civil Writ Jurisdiction Case No. 12466 of 2008
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Gopal Prasad Agarwal @ Lakshmi Prasad Agarwal son of Late Raghunandan
Prasad Agarwal, resident of Mohalla Goshanbagh, Tekari Road, P.S. Kotwali,
District Gaya.
.... .... Appellant
Versus
1. The State of Bihar.
2. The Secretary-cum-IG Registration Department of Registration, Bihar, Patna.
3. The District Sub Registrar, Gaya.
4. The Collector (Licensing Authority Stamp Act), Gaya.
5. The Treasury Officer/Sub- Treasury Officer, Gaya.
6. Bihar State Stamp vender Association through its General Secretary Permanand
Lal Karn, S/o R.P. Lal, r/o ward No. 18, Rosera, P.S. Rosera, District
Samastipur.
7. Ajit Kumar s/o Late P.S. Verma, New Bazar Bettiah, P.S. Bettiah, District East
Champaran.
8. Sunil Kumar s/o Sri Umashankar Prasad, Moh. Godown, P.S. Kotwali, District
Gaya.
.... .... Respondent/s
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Appearance:
For the Appellant/s : Ms. Archana Sinha, Advocate.
For the Respondent/s : Mr. Prashant Kumar, AC to SC-11.
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CORAM: HONOURABLE MR. JUSTICE HEMANT GUPTA
and
HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH
ORAL JUDGMENT
(Per: HONOURABLE MR. JUSTICE HEMANT GUPTA) Date: 27-10-2016 Heard learned counsel for the parties.
2. The present Letters Patent Appeal is directed against an order passed by the learned Single Bench of this Court on 7th of September, 2012 in C.W.J.C. No. 12466 of 2008 whereby, the Rule restricting use of Franking Machine for the use by the individual stamp vendors was not interfered with.
Patna High Court LPA No.1200 of 2015 dt.27-10-2016 2/2
3. The State has framed Bihar Stamp (Use of Franking Machine/Tap Meter) Rule, 2004. It appears that such Rule has prohibited the use of Franking Machine by individual stamp vendors.
4. Since the use of Franking Machine by individuals or otherwise is a matter of policy, therefore, we do not find that such policy manifested by framing of the Rules can be said to be illegal and unwarranted in the Letter Patent jurisdiction of this Court.
5. Accordingly, the present Letters Patent Appeal is dismissed.
(Hemant Gupta, J) (Ahsanuddin Amanullah, J) Mishra/-
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