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KISMAT ALI (MINOR) AND ANOTHER versus THE STATE OF U.P. THRU ITS SECRY. LAND & REVENUE & ORS.

High Court of Judicature at Allahabad

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Kismat Ali (Minor) And Another v. The State Of U.P. Thru Its Secry. Land & Revenue & Ors. - WRIT - C No. 12763 of 2007 [2007] RD-AH 4396 (14 March 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).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon. Anjani Kumar, J.

Hon. Dilip Gupta, J.

This petition has been filed for quashing the order dated 31.3.2006 that has been passed in the proceedings under Section 47 of the Indian Stamp Act,  1899 (hereinafter referred to the as the 'Act') and for quashing the citation dated 23.12.2006.

Admittedly, against the order dated 31.3.2006 the petitioners have filed an Appeal along with the stay application. Learned counsel for the petitioners, however, stated that the petitioners did not deposit the requisite 1/3rd amount as required under the Act and,  therefore, no orders have been passed in the Appeal. In our opinion, as the petitioners have already preferred an Appeal against the order dated 31.3.2006,  we decline to entertain this petition for challenging the same order which is under challenge in the Appeal. The issuance of citation is a consequential order as interim relief has not been granted to the petitioners.

The writ petition is, accordingly,  dismissed.

Dt/- 14.3.2007

Sharma/12763


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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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