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National Highways Authority of India v. State of U.P. and others. - WRIT - C No. 65140 of 2005  RD-AH 3977 (4 October 2005)
Civil Misc. Writ Petition no.65140 of 2005
National Highways Authority of India
The State of U.P. and others.
Hon'ble Yatindra Singh,J.
1. The counsel for the petitioner is permitted to correct the description of the parties in the list of date and events.
2. National Highways Authority of India ( the Authority ) is acquiring land for widening of roads and for construction of buildings etc. In pursuance of this sale deeds are executed. The Authority purchased four properties by means of four different sale deeds dated 2.7.2002, 3.7.2002, 4.4.2002 and 9.9.2002. The Assistant Commissioner started proceedings for stamp duty under the Stamps Act and passed orders on 18.2.2003 proposing stamp duty on the sale deeds. The Authority filed four appeals before the Commissioner on 26.3.2003 and these appeals are Appeals no.1071 to 1074 of 2002-03. In these appeals the petitioner deposited 1/3rd of the amount along with the stay application. According to the petitioner no stay order was passed but after the appeals were filed no recovery proceedings took place. Subsequently, these appeals were dismissed for default on 16.2.2005. Though the petitioner filed applications to recall those orders on the same day, yet fresh recovery proceedings were started, hence, the present writ petition.
3. We have heard counsel for the petitioner and Standing Counsel for the respondents.
4. The petitioner has already deposited 1/3rd of the amount and has filed stay application. It has also filed applications for restoration against the order dated 16.2.2005. Under these circumstances, it would be appropriate to dispose of the writ petition with the observation that no recovery be proceeded with against the petitioner till the restoration applications as well as stay applications of the petitioner are decided by the respondent no.2.
With these observations, the writ petition is disposed of.
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