@JUDGMENTTAG-ORDER
P. Jyothimani, J.@mdashMr. V. Jayaprakash Narayanan, learned Additional Government Pleader takes notice. Heard both. By consent, the writ petition itself is taken up for final disposal.
2. It is seen that the second Respondent entertained a doubt about the correctness of the valuation and therefore, he has referred the matter to the third Respondent u/s 47-A(1) of the Indian Stamp Act for adjudication afresh. It is also seen that the Adjudicating Authority, namely the third Respondent has already issued a notice in Form 1 and the adjudication process is going on. In the meantime, the second Respondent has no jurisdiction to retain the document. Though the Petitioner has given a representation to the first and second Respondents followed by several reminders, no orders have been passed on the same.
3. Hence, the writ petition is disposed of with the following directions:
i. The Registering Authority, while releasing Doc. No. 903 of 2008 dated 20.10.2008, shall make necessary endorsement on the original document to the effect that the proceedings u/s 47-A of the Act are pending.
ii. The Registering Authority shall make necessary entries in the register maintained regarding the pendency of 47-A proceedings in respect of the document, which is the subject matter of registration, so as to reflect the same in the encumbrance certificate for the benefit of the purchasers.
iii. Pending, final decision in respect of the valuation u/s 47-A(i), as per Section 47-A(4), there shall be a charge over the properties in favour of the Government in respect of the unpaid value of the stamp duty.
iv. After the entire proceedings u/s 47-A are completed, on production of the original document by the Petitioner, the Registering Authority shall make necessary endorsement removing the earlier endorsement clearly stating that the entire amount of stamp duty under the document has been paid in full and return the same.
v. After making such endorsement, the Registering Authority shall also make necessary entry as to the completion of 47-A proceedings in the register maintained by them so as to reflect the same in the encumbrance certificate.
It is open to the third Respondent to finalise the proceedings initiated u/s 47-A of the Act, as expeditiously as possible. No costs. Consequently, M.P. No. 1 of 2011 is closed.
