High Court of Judicature at Allahabad
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Desh Kalyan Samiti Thru' National President & Anr. v. State Of U.P. Thru' Principal Secy. Taxation & Anr. - WRIT - C No. 25514 of 2004  RD-AH 8689 (1 May 2006)
Hon'ble Dr. B.S. Chauhan, J.
Hon'ble Dilip Gupta, J.
This is an application for recalling the order dated 23.2.2006 dismissing the writ petition in default.
We have heard learned counsel for the applicant and the learned counsel appearing for the respondents.
In view of the averments made in the affidavit filed in support of the application, the application is allowed, the order dated 23.2.2006 is recalled and the writ petition is restored to its original number and the petition is heard on merit.
This writ petition has been filed against the order dated 1.8.2002 passed by the District Collector, Moradabad revising the circle rate for the purposes of collection of stamp duty.
The main grievance of the petitioner is that it is not permissible for the District Collector to make the revision before the expiry of a period of two years from the earlier revision.
As more than two years have already lapsed from 1.8.2002, we are not inclined to examine the contentions raised in the petition.
The writ petition is, accordingly, dismissed as having become infructuous.
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