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