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Ram Pal Singh v. State Of U.P. & Others - WRIT - C No. 14368 of 2006 [2006] RD-AH 5789 (9 March 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).


Hon'ble Janardan Sahai, J

The prayer made in this writ petition is for quashing the order dated 30.10.2004 passed by the Assistant Commissioner Stamp, Mathura by which deficiency in payment of stamp duty has been directed to be recovered and penalty has also been imposed. The petitioner has filed an appeal against this order. Therefore there is no ground for interference with this order at this stage as the petitioner is pursuing an alternative remedy.

The other order challenged by the petitioner is dated 7.3.2005 by which the operation of the order dated 30.10.2004 of the Assistant Commissioner was stayed for a period of one month by the Commissioner Agra Division, Agra. The petitioner is not really aggrieved by that order, as it is a stay order in his favour. The grievance of the petitioner really is that the stay has not been extended. The petitioner's application for extension of the stay order is said to be pending before the Additional District Magistrate. The petitioner has stated that 1/3 of the amount due has been deposited but it is not stated that the petitioner has furnished security as required by second proviso of section 56 of the Indian stamp Act.  There is no order of the Commissioner in appeal for extending the stay order. In the circumstances no ground for interference is made out. If an application for extension of the interim order is pending the same shall be disposed of. Subject to these observations the writ petition is dismissed.

Dt. 9.3.2006



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