B.AMIT STHALEKAR,J. - (1.) Heard Ms. Afshah Shafaq, learned counsel for the petitioners and Sri R.K. Shukla, learned Standing Counsel for the respondents.
(2.) The petitioner in the writ petition is seeking quashing of the order dated 23.12.2002 passed by the Assistant Commissioner (Stamps), Allahabad in case no. 471 of 2002 (State v. Wahid Hussain and another) as well as the order dated 27.5.2003 passed in Revision no. 14 of 2003 (Wahid Hussain and another v. State and others) by the Chief Controlling Authority, Board of Revenue, Allahabad.
(3.) Briefly stated the facts of the case are that a settlement was entered into between the petitioners and two other persons whereby each of them became owners of the ?th share of the property in question. This deed also provided that no owner will be allowed to transfer his part or full share to any outsider unless other co-owners are not willing to negotiate in an honourable and peaceful manner. The deed is dated 27.8.1997. Admittedly, the deed was never registered. Proceedings under the Indian Stamp Act were initiated against the petitioners on the ground that there was deficiency of stamp duty as the deed had never been registered though it was required to be registered being in respect of immovable property. In these proceedings a finding was recorded that since a deed resulted in disruption of the rights of the parties and conferred independent rights on the members and signatories of the deed (family settlement), therefore, registration was required. Accordingly, in the proceedings under the Stamp Act, 1899 (hereinafter referred to as the Act, 1899) the deficiency of stamp duty was computed at Rs. 7,36,000/- including penalty of Rs. 710/-. Aggrieved the petitioners filed revision which has also been dismissed by the Chief Controlling Revenue Authority.;