Judgment:
S.B. Civil Writ Petition No.5678/2013 Ram Kishan V/s Rajasthan Tax Board and ors. and two connected writ petitions Order dt:
11. 9/2013 1/2 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR ORDER
1. S.B. Civil Writ Petition No.5678/2013 Ram Kishan V/s Rajasthan Tax Board and ors.
2. S.B. Civil Writ Petition No.5605/2013 Bajrang Singh V/s Rajasthan Tax Board and ors.
2. S.B. Civil Writ Petition No.5795/2013 Ramdev V/s Rajasthan Tax Board and ors. Date of Order :::
11. h September, 2013 PRESENT HON'BLE Dr. JUSTICE VINEET KOTHARI Mr.Moti Singh, for the petitioners. Mr.K.K.Bissa, for the respondents. -- BY THE COURT:
1. The learned counsel for the petitioners submitted that since the loan account itself has been squared up by repayment of loan by borrower Smt. Vimla Devi, therefore, the impugned order of the Sub Registrar demanding difference of stamp duty on the mortgage-deed in question executed by Smt. Vimla Devi has become infructuous as the question of payment of difference of stamp duty cannot arise especially in the hands of the present petitioners who are only guarantors of the said loan account in question. The S.B. Civil Writ Petition No.5678/2013 Ram Kishan V/s Rajasthan Tax Board and ors. and two connected writ petitions Order dt:
11. 9/2013 2/2 learned counsel for the petitioners has produced before this court a copy of No Objection Certificate dtd.5.2.2011 on record.
2. The learned counsel for the respondents Mr. K.K. Bissa has no material to controvert this statement of fact by Mr. Moti Singh, learned counsel for the petitioners.
3. On the submission of learned counsel for the parties and copy of discharge certificate produced by the petitioner which is taken on record and a copy of which has been given to Mr. K.K. Bissa, the present writ petitions are disposed of as having become infructuous.
4. However, if there is any other loan account of Smt. Vimla Devi and for which mortgage-deed in question still subsists, the Sub Registrar will be at liberty to pass fresh order in accordance with law.
5. With the aforesaid observations, the present writ petitions are disposed of as having become infructuous. No order as to costs. A copy of this order be sent to the parties concerned forthwith. (Dr. VINEET KOTHARI), J.
ss/- 13, c1 and c2