Case Note & Summary
The petitioner purchased landed property by a sale deed dated 25th August 1998. The sale deed was lodged for registration on the same day before the Sub-Registrar, Karjat. The petitioner could not appear before the Sub-Registrar due to ill health and eventually appeared on 3rd February 1999. The Sub-Registrar levied a fine of Rs.30,000 for the delay in appearance and registered the document on 19th February 1999. Subsequently, on 30th December 2000, the Sub-Registrar issued a notice to the petitioner stating that the fine should have been five times the registration charges, i.e., Rs.80,000, and demanded an additional Rs.50,000. The petitioner challenged this notice by way of a writ petition. The court considered whether the Sub-Registrar could reopen the registration after its completion and demand additional fine. The court held that once the document was registered and the fine levied, the Sub-Registrar became functus officio and had no power to review or revise his own order. The notice demanding additional fine was without jurisdiction and was quashed. The court allowed the petition and set aside the notice.
Headnote
A) Registration Law - Completion of Registration - Sub-Registrar functus officio - Once a document is registered and the registration process is complete, the Sub-Registrar becomes functus officio and cannot reopen the registration or demand additional fine - The Indian Stamp Act, 1899, Section 34 - The court held that after registration, the Sub-Registrar has no power to review or revise his own order levying fine for delayed presentation (Paras 5-6). B) Stamp Act - Levy of Fine for Delayed Presentation - Section 34 of the Indian Stamp Act, 1899 - The fine for delayed presentation of a document must be determined and levied at the time of registration, and once levied and collected, the Sub-Registrar cannot subsequently demand additional fine on the ground that the fine was inadequate - The court held that the notice demanding additional fine was without jurisdiction and liable to be quashed (Paras 5-6).
Issue of Consideration
Whether the Sub-Registrar can, after registering a document and levying a fine for delayed presentation, subsequently issue a notice demanding additional fine on the ground that the fine originally levied was inadequate.
Final Decision
The court allowed the writ petition and quashed the notice dated 30th December 2000 demanding additional fine of Rs.50,000.
Law Points
- Registration of document once completed cannot be reopened
- Sub-Registrar functus officio after registration
- Fine under Section 34 of Indian Stamp Act
- 1899 must be determined at time of registration
- No power to review or revise own order
