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Ramesh Chandra Srivastava v. State of U.P. - REFERENCE AGAINST STAMP ACT (CIVIL) No. 1 of 1994  RD-AH 6742 (1 December 2005)
Re : Civil Misc. Application No.229870 of 2005
R.A.S.A.No.1 of 1994
Ramesh Chandra Srivastava (since deceased)
Addl. District Magistrate (F&R) and another
Hon'ble A.K. Yog, J.
Hon'ble Prakash Krishna, J.
In view of our order dated 30.11.205, passed on the application filed on behalf of Smt. Vimla Srivastava and another, the officer has sent the record of Stamp Act Reference No.1 of 1994, registered in pursuance to the order passed by the Administrative Member of the Chief Controlling Revenue Authority, under Section 57(1) of the Indian Stamp Act, 1899.
In the aforesaid application the applicant Vimla Srivastava and another, who claimed themselves to be the legal heirs of the deceased Ramesh Chandra Srivastava have made the following prayer :-
"It is, therefore, most respectfully prayed that the Applicants/petitioners who are heirs and legal representatives of the original Applicant-Sri Ramesh Srivastava, be permitted to deposit the entire amount of deficiency of stamp duty and penalty imposed by the ADM (F & R) Kanpur Nagar and direct the Sub Registrar, Kanpur Nagar to return the Deed to the Applicants after registering the same."
Section 57 of the aforesaid Act reads as follows :-
"57. Statement of case by Chief Controlling Revenue Authority to High Court - (1) The Chief Controlling Revenue Authority may State any case referred to it under Section 56, sub section (2) or otherwise coming to its notice, and refer such case, with its own option thereon -
(a) if it arises in a State to the High Court of that State.
(b) If it arises in the Union Territory of Delhi- to the High Court of Delhi.
(c) if it arises in the Union Territory of Arunachal Pradesh or Mizoram- to the Gauhati High Court (the High Court of Assam, Nagaland, Meghalaya, Manipur and Tripura),
(d) if it arises in the Union Territory of Andaman and Nicobar Islands- to the High Court at Calcutta,
(e) if it arises in the Union Territory of the Lakshadeep- to the High Court of Kerala.
(ee) if arises in the Union Territory of Chandigarh- to the High Court of Punjab and Haryana, and
(f) if it arises in the Union Territory of Dadra and Nagar Haveli to the High Court of Bombay.
(2) Every such case shall be decided by not less than three Judges of the High Court to which it is referred, and in case of difference, the opinion of the majority shall prevail."
A perusal of the statutory provision (referred to above), requires the reference case to be decided by not less than three Judges of the High Court to which the reference is made. The record placed before us does not indicate that the matter has been referred to the Bench of three Judges of the High Court as required under the aforesaid statutory provision. The Registry is directed to place the record of the case before Hon'ble the Chief Justice for nominating appropriate Bench of three Judges within three weeks from today forthwith, so that the case may be listed before the appropriate Bench of Three Judges at the early date, preferably in January/February, 2006. This application shall be placed before the Bench concerned along with record of the case.
Sri Sharad Malaviya, learned counsel appearing on behalf of the applicant is directed to file requisite number of paper books for the Court as well as for the respondent as required under the Rules of the Court within three weeks from today.
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