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UDAIRAJ SINGH versus STATE OF U.P. & OTHERS

High Court of Judicature at Allahabad

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Udairaj Singh v. State Of U.P. & Others - WRIT - C No. 71086 of 2005 [2005] RD-AH 6016 (18 November 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

Hon'ble Janardan Sahai, J

Counsel for the petitioner and learned standing counsel agree that the writ petition may be disposed of today at the admission stage itself.

Proceedings under Section 47-A of the Indian Stamp Act were taken against the petitioner in respect of a sale deed dated 4.1.2001. By an order dated 30.12.2002 the Sub Divisional Officer found that the instrument was undervalued and there was deficiency of Rs.26,900/-. He directed that the same may be recovered. He also imposed penalty of like amount. The petitioner filed a restoration application which was rejected on 19.5.2003. The petitioner then filed a  revision against the order dated 30.12.2002, which has been dismissed as not maintainable on 9.5.2005. The petitioner has in this petition also challenged the order dated 30.12.2002.

Learned counsel for the petitioner made two submissions. Firstly that the order was passed by Sub Divisional Officer without opportunity of hearing to the petitioner and secondly that the amount of penalty was excessive. As regards the submission that the order was without opportunity there is a finding recorded by the Sub Divisional Officer that the petitioner was served and despite that he did not appear. The said finding has not been shown to be vitiated.  That apart the restoration application of the petitioner was dismissed on 19.5.2003. That order has not been challenged. Nor a copy thereof has been filed so that the correctness of the finding  regarding  want  of opportunity can

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be examined. The ground has no merit. As regards the amount of penalty it does appear on the facts of the case that the penalty is excessive. In the circumstances the writ petition is allowed in part. The penalty imposed by the Sub Divisional Officer of Rs.26,900/- is knocked off and is substituted by a penalty of Rs.13,450/-.  Any amount which the petitioner has deposited towards penalty shall be adjusted.

Dt. 18.11.2005

Sn/wp-71086/05


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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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