Court No. - 33 Case :- WRIT - C No. - 39468 of 2010 Petitioner :- Maa Barmati Viklang Vidyalaya Rastipur, Saidpur Respondent :- State Of U.P. & Others Petitioner Counsel :- Purshottam Upadhyay Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Submission of the learned counsel for the petitioner is that the impugned
order has been passed on the basis of the inspection report dated 18.9.08,
whereas the subsequent report, which is otherwise, has not been considered.
There were no constructions on the land when it was purchased.
Learned Standing counsel prays for and is allowed six weeks’ time to file
counter affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List thereafter.
Until further orders of this Court, the operation of the orders dated 24.12.2009
and the appellate order dated 28.4.2010 shall remain stayed provided the
petitioner deposits the half of the deficient stamp duty so determined within a
period of one month from today which shall be kept in a separate account and
invested in a fixed deposit with a nationalized bank initially for a period of
one year subject to renewal, if necessary. Any amount of stamp duty already
deposited by the petitioner shall be given adjustment.
In the event of default in depositing the deficient stamp duty within the time
stipulated, the stay order shall automatically come to an end.
Order Date :- 9.7.2010
piyush