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PRADEEP KUMAR & ANOTHER versus U.P. AVAS VIKAS PARISHAD THRU' CHIEF ENGINEER & ORS.

High Court of Judicature at Allahabad

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Pradeep Kumar & Another v. U.P. Avas Vikas Parishad Thru' Chief Engineer & Ors. - WRIT - C No. 12759 of 2003 [2005] RD-AH 2558 (8 September 2005)

 

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

Court No.37

Civil Misc. Writ Petition No. 12759 of  2003

Pradeep Kumar and another vs. U.P. Avas Vikas Parishad and others.

Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) M.Chaudhary, J.

Heard learned counsel for the petitioners and the learned Standing Counsel.

Learned counsels representing respective parties (the petitioners and the respondents) have joined to make a statement at the Bar that the question arising in this writ petition is covered by the judgment and order dated 22.3.2005 passed in the case of M/s. Strong Construction vs. State of U.P.and others (Civil Misc. Writ Petition No.35096 of 2004) decided along with 91 other writ petitions. This writ petition is also decided on same terms and conditions, as in the case of M/s. Strong Constructions(Supra).

Consequently, we issue a writ of mandamus commanding the respondents not to compel the petitioners to pay stamp duty on 'security deposit' in question treating as 'mortgage deed' and further to charge stamp duty on such 'securities' as provided under Article 57 (b) Schedule 1-B of the Indian Stamp Act.

The writ petition stands allowed subject to the above directions.

8.9.2005

mt


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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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