Court No. - 33 Case :- WRIT - C No. - 45390 of 2010 Petitioner :- Herosons Private Limited Respondent :- State Of U.P. & Others Petitioner Counsel :- Vivek Srivastava Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
In respect of the sale deed dated 25.8.2007 an order under Section 47 of the
Indian Stamp Act was passed on 6.11.2009 determining the deficiency in
payment of stamp duty and imposing penalty. The said order has been
challenged by the petitioner in appeal under Section 56 of the Act filed on
26.11.2009.
The only prayer made in the writ petition is for a direction to decide the
aforesaid appeal within a time bound period.
The prayer made by the petitioner in the writ petition is quite innocuous but in
view of 2010 (1) ADJ 531(DB) Km. Shobha Bose Vs. Judge Small Causes
no positive direction can be issued in the matter as the Court is not aware of
the pendency of earlier appeals and the roster of the appellate authority below.
However, in the interest of justice it would be expedient that the petitioner
may approach the appellate authority itself by means of an application for
early disposal of the appeal and in case such an application is moved, the
authority shall consider and pass appropriate orders and ensure speedy
disposal of the appeal accordingly.
With the above observation, the writ petition is disposed of.
Order Date :- 3.8.2010
SKS