Court No. - 30 Case :- WRIT - C No. - 1938 of 2010 Petitioner :- Smt. Anju Singh And Others Respondent :- The State Of U.P. And Others Petitioner Counsel :- Anupam Kulshreshtha Respondent Counsel :- C.S.C. Hon'ble Abhinava Upadhya,J.
The petitioner had earlier approached this Court challenging the
order passed under Section 47A of the Indian Stamp Act by filing
Writ Petition No.55163 of 2009 during the pendency of the appeal.
This Court disposed of the writ petition with the direction that no
recovery shall be made pursuant to the order passed under Section
47A upto 22.12.2009 or till the appeal is finally decided whichever
is earlier.
Learned counsel for the petitioner today submits that on
22.12.2009 the Presiding Officer was not available and as such a
further dated i.e. 27.01.2010 was fixed. However, no interim order
was passed. Although, the petitioner has deposited 1/3rd of the
amount demanded pursuant to the order under Section 47A.
Learned counsel for the petitioner submits that even today there is
no Presiding Officer available and the authorities are pressing for
recovery of the deficiency of the stamp duty and penalty and in
absence of any Presiding Officer the grave hardship is being
caused to the petitioner for no fault of his.
Under these circumstances, the petitioner cannot be left
remedyless and, therefore, this writ petition is being finally
disposed of with the direction that no recovery shall be made
against the petitioner until any further orders are passed by the
Appellate Authority exercising jurisdiction under Section 56 of the
Indian Stamp Act.
With the aforesaid observations/directions, the writ petition is
finally disposed of.
Learned counsel for the petitioner has given an undertaking that he
will not seek any unnecessary adjournments.
Order Date :- 18.1.2010
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