Important aspect : license for stamp-vending is being issued across the Province of Punjab, under the Stamp Act, 1899 and the Stamp Rules, 1934 made

This case highlights an important aspect pertaining to how the license for stamp-vending is being issued across the Province of Punjab, under the Stamp Act, 1899 and the Stamp Rules, 1934 made thereunder, by exercise of unfettered and unstructured discretion and without any guiding principles and policy framework in place, inter alia, without any advertisement. Held that such unfettered and unstructured discretion in grant of the license, for stamp vending, needs to be structured through issuance of proper instructions by the Board of Revenue, which is the administrative department, under the Punjab Government Rules of Business, 2011 having responsibility to administer the Stamp Act, 1899. Therefore, office is directed to transmit a copy of this judgment to the Senior Member, Board of Revenue, Punjab who, being administrative head, of the Revenue Department, under the Rules of Business, is directed to look into the matter holistically and ensure that proper policy guidelines regarding creation of the seats for the stamp vendors as also regarding qualifications and the manner in which the license for stamp vending is to be granted be prepared that, inter-alia, may include advertisement for inviting applications from public to ensure that every person eligible has fair opportunity to apply for the same. Once such policy is prepared and approved in accordance with the Rules of Business, the same should be strictly followed. In the meanwhile, any fresh stamp vending license required to be granted across the Province of Punjab must be granted after advertisement in the newspaper.