True, the livelihood of certain persons would be affected but that shall not be a reason or a ground to strike down a valid measure employed to keep abreast of the times and in tune with the technological developments.
The Patna High Court held above while dismissing a Petition filed challenging the notification dated 03.05.2017 , whereby the Stock Holding Corporation of India Limited (SHCL) was authorized to print and sell stamps under e stamping system in the State of Bihar in accordance with the terms and conditions of the agreement executed between the Inspector General of Registration and SHCL.
The said notification also is brought out in exercise of the powers conferred by Section 2 (26) read with Section 74 of the Indian Stamp Act, 1899.
“Though the notification is challenged as ultra vires of the Constitution of India, there is absolutely no sustainable ground raised. The petitioner, a stamp vendor seems to be more concerned with the livelihood of stamp vendors of the entire State and himself, for which he has also made a representation before the Hon’ble Chief Minister.”, the Court noted.
The Division Bench of Chief Justice K. Vinod Chandran and Justice Partha Sarathi Observed that the administration of the Government is being computerized and that it provides ease of business as also more transparency and lesser human intervention in the various transactions with the Government. When there are new measures brought in like that of e-stamping for the purposes of registration and other transactions where stamping is required including on the judicial side, it is only natural that the old system has to give way to the new. It is also pertinent that the pandemic situation had opened a new vista of digital activity which has been adopted by the State in its various functions.