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Jagpat v. Teh Secretary (Finance Revenue) U.P. Govt. & Others - WRIT - C No. 30448 of 2007 [2007] RD-AH 11701 (11 July 2007)


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 Arun Tandon, J.

The relief prayed for in the present writ petition has been confined to the levy of penalty only.  Counsel for the petitioner submits that  absolutely no reason which has been assigned for levy of penalty.  It is further stated that the deficiency in the payment of Stamp Duty was removed at the time of filing of the Appeal itself and further that the petitioner shall deposit the up to date interest demanded under the impugned order within one month from today.

I have heard counsel for the parties and have gone through the records of the case.

In the facts and circumstances of the case  the levy of penalty to the tune of Rs. 15,000/- on the deficiency of Stamp Duty demanded under the impugned order of Rs. 8400/- only is too harsh.  

Therefore, it the petitioner deposits the entire amount of additional stamp duty demanded under the impugned order along with up to date interest within four weeks from today i.e. before 11.8.2007, demand of penalty under the impugned order shall not be enforced.  In case of default, petitioner shall not be entitled to the benefits of this order and the respondent shall be at liberty to proceed in accordance with law.  Any amount already deposited shall be taken into account.

With the aforesaid observations/directions the present writ petition is disposed of finally.  

Dated: 11.7.2007



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