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INDRA PAL SINGH versus STATE OF U.P. AND OTHERS

High Court of Judicature at Allahabad

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Indra Pal Singh v. State Of U.P. And Others - WRIT - C No. 10866 of 2007 [2007] RD-AH 3391 (28 February 2007)

 

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. Anjani Kumar, J.

Hon. Dilip Gupta, J.

Heard counsel for the petitioner.

The petitioner, by means of this petition, has prayed for a direction in the nature of a writ of certiorari quashing the entire proceedings of Case No. 89 of 2006 (State Vs. Indra Pal Singh and others) under the provisions of Section 47-A of the Indian Stamp Act (hereinafter referred to as the 'Act') as amended from time to time on the ground that the proceedings that have been initiated, are barred by the proviso to Section 47-A (3) of the Act. Under this provision, after four years proceedings cannot be initiated except with the prior permission of the State Government.

Counsel for the petitioner argued that proceedings were initiated after four years as would be apparent from the records and, therefore,  the authorities should be restrained from interfering in the matter. The authorities will have to come to the conclusion whether the proceedings are barred or not and after the decision of the authorities, if the petitioner is not satisfied, he may file an Appeal. In the facts and circumstances of the present case, this petition is not maintainable at this stage because the petitioner has an appropriate Forum of approaching the authority.

The writ petition is, accordingly, dismissed.

Dt/- 28.2.2007

Sharma/10866


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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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