Arun Bhansali, J. - (1.) This writ petition has been filed by the petitioner-Company aggrieved against the action of the respondents in not returning the registered instrument/document, order dated 12.3.1997 (Annex.18) passed by the Collector (Stamps), Circle Bhilwara and Demand Notice dated 13-3-1997 (Annex. 19) issued pursuant to the order dated 12.3.1997.
(2.) The writ petition was initially filed by GKW Limited, a Company incorporated under the provisions of the Companies Act with the averments that another company Graphite India Limited was having a mining lease for lime stone for the area of 9.98 Sq.Kms. near village Sitaram Ji Ka Kheda, District Chittorgarh; the said company partially surrendered some portion of the leased area i.e. 3.96 Sq.Kms. to the Government of Rajasthan and where after submitted an application for permission to transfer the retained area of 6.02 Sq.Kms. to the petitioner-Company, which application was accepted by the State Government and a sanction for transfer of mining lease was issued.
(3.) Pursuant to the said sanction, the statutory deed in accordance with law was executed on 22.6.1996 by Graphite India Limited, GKW Limited and on behalf of the Governor of Rajasthan was duly signed by the Mining Engineer. The deed was presented before the Sub-Registrar, Tehsil Nimbahera for registration. The Sub-Registrar issued notice dated 25.6.1996 under Section 47D of the Rajasthan Stamp Law (Adaptation) Act, 1952 ('the Adaptation Act') inter alia valuing the instrument at Rs. 13,90,000/-and demanded stamp duty of Rs. 1,39,000/- along with registration charges of Rs. 4,500/-. The petitioner deposited demanded deficient stamp duty of Rs. 1,35,000/- along with registration charges of Rs. 4,500/- on 26.6.1996 itself, however, despite payment of demanded duty, the registered document was not returned to the petitioner.;