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MOHD. HUSSAIN & ANOTHER versus COMMISSIONER ALLAHABAD REGION ALLAHABAD & OTHERS

High Court of Judicature at Allahabad

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Mohd. Hussain & Another v. Commissioner Allahabad Region Allahabad & Others - WRIT - C No. 11885 of 2006 [2006] RD-AH 4594 (27 February 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 Janardan Sahai, J.

       Heard the learned counsel for the petitioners and the learned Standing counsel. Counsel for the petitioners and the learned Standing counsel agree that the petition may be disposed of finally today.

        Proceedings under Section 47-A of the Indian Stamp Act were initiated against the petitioners in respect of a sale deed dated 27.3.2003 .It was found that there was deficiency of Rs. 15,500/-. A penalty of Rs. 62,000/- was also imposed by the Assistant Collector. On appeal the penalty has been reduced to Rs. 50,000/-. Counsel for the petitioners states that the petitioners are not challenging the findings with regard to deficiency but the penalty is arbitrary and excessive.

         I have heard the learned Standing counsel also.

          In the facts and circumstances of the case it appears that the end of justice would be met by imposing  penalty equal to twice the amount of the deficiency.

         In the circumstances penalty is reduced from Rs. 50,000/- to Rs. 30,000/- in round figures.  In all other respects the order passed by the appellate court shall be maintained. The interest of ½% will be charged on the reduced amount.

        With the above directions the writ petition is disposed of finally.

27.2.2006.

s.wp.11885/06.


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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