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ABDUL HABIB versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Abdul Habib v. State Of U.P. And Others - WRIT - C No. 66682 of 2006 [2006] RD-AH 20675 (7 December 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

HON'BLE YATINDRA SINGH, J

HON'BLE RAN VIJAI SINGH, J.

This is a writ petition against the order dated 31.7.2006 passed u/s 33/47 A of the Stamp Act.

We have heard learned counsel for the petitioner and learned Standing Counsel.

Counsel for the petitioner submitted that the order has been passed by Deputy Commissioner of Stamp and  no appeal will lie under section 56 of Stamp Act. Vide Notification No. SR-737/X-500(90)-78 dated 7.2.79. Commissioner of Stamp,U.P. Addl. Commissioner of Stamp , Deputy Commissioner of stamp and the Assistant Commissioner of Stamp all have been empowered to exercise the power of the Collector.

In view of the above notification, the  Addl. Commissioner of Stamp has exercised the power of Collector. As such the appeal will lie  under the Stamp Act.

The petitioner may, if so advised, file appeal against this order u/s 56 of Stamp Act.

The petitioner has already filed a typed copy of the impugned order passed by Addl. Commissioner of Stamp on 31.7.2006. In view of the same, the certified copy may be returned to the petitioner if possible within three days.

With the above observations this appeal is dismissed.

Dt.7.12.2006

Hsc/66682/06


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