Search Results Page

Search Results

1 - 2 of 2 (0.31 seconds)
Documents citing Fr. Lucas I vs State Of M.P. And Anr. on 10 August, 2007

Shri Agrawal Education Welfare Society vs The State Of Madhya Pradesh on 13 October, 2015

Prayer for interim relief is for stay of operation of the Amended Schedule of Fees under Rule 4 of the Rules of 1998 as published in Gazette notification dated 12.6.2015, in particular Entry/Item No.5 as also the demand letter dated 26.6.29015 and to direct the respondent Registrar to register the subject property/land purchased by the petitioner forthwith. The main writ petition has already been admitted in terms of order dt.8.9.2015. As regards interim relief, the petitioner was given time to file proper affidavit as per liberty given by the Court on 08.09.2015, to offer explanation in support of the prayer for interim relief. The argument now canvassed is, essentially, with reference to the observations in the decision in the case of Fr.Lucas I Vs. State of M.P., 2008(2) MPLJ 381, in particular paragraph No.21 thereof. No doubt, in the said decision, the Court found that the fee prescribed for registration of sale of property, was exorbitant and had no (2) nexus with the object. It amounted to imposition of tax in the garb of regulation. The question is assuming that the petitioner has made out prima facie case, for which reason the writ petition has been admitted, will the petitioner suffer irreparable loss, if the interim relief is refused. In our opinion, the amount to be paid by the petitioner is computed as Rs.12.60 lakh only for recording registration in respect of property worth rupees more than four crores. If the petitioner eventually succeeds, the Court can always direct the Authorities to refund the entire amount or part of it alongwith appropriate interest thereon. In that sense, it is not a case of irreparable loss to be caused to the petitioner especially when Court can also direct the Authorities to refund the amount with interest, as may be quantified. The question is only of registration of document tendered by the petitioner. We are not inclined to grant interim relief, but, make it clear that if the petition succeeds, the Court may direct the Authorities to refund the amount, which is found to be excessive demand along with interest, as may be quantified at the final hearing.
Madhya Pradesh High Court Cites 1 - Cited by 0 - Full Document
1