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VIJENDRA SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Vijendra Singh v. State Of U.P. & Others - WRIT - C No. 20546 of 2007 [2007] RD-AH 7585 (24 April 2007)

 

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Civil Misc. W.P.  No.  20546 of 2007

Hon'ble R.P. Misra, J.

Hon'ble Shishir Kumar, J.

.   Heard Sri S.K. Purwar, learned Counsel for the petitioner and learned Standing Counsel representing the respondents.

The petitioner earlier approached this court by means of writ petition No.  9803 of 2007, which was dismissed vide order dated 26.2.2007 on the ground that the petitioner has a statutory alternative remedy of filing appeal under section 56(1) of the Indian Stamp Act, 1899 as amended in the State of U.P.  Thereafter the petitioner filed a revision alongwith stay application before the respondent no. 2.  The revisional authority heard the petitioner on the question of maintainability of revision and held that since 1/3rd of the impugned amount has not been deposited in the Government Treasury, it is not possible to consider the stay application. The revisional court granted one month's time to deposit the aforesaid amount, which is to expire on 26.4.2007.  The petitioner has not deposited the aforesaid amount.

In the circumstances of the case, it is not a fit case for exercising the extra-ordinary jurisdiction envisaged under Article 226 of the Constitution of India. The writ petition is dismissed.

Dated: 24.4.2007

L.A./-


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