Court No. - 33 Case :- WRIT - C No. - 45677 of 2010 Petitioner :- Namarata Pandey Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Sudhir Kumar Shukla,Vivek Kumar Pandey Respondent Counsel :- C.S.C Hon'ble Pankaj Mithal,J.
The report of the Tehsildar dated 29.1.2008 states that the house which was in
existence was 50 years old though the same was no longer in existence. The
authorities have determined its market value at the rate of present day
construction which is illegal.
Learned Standing counsel prays for and is allowed six weeks for filing
counter affidavit. Two weeks thereafter are allowed to the petitioners for
filing rejoinder affidavit.
List thereafter.
Until further orders of this Court, the operation of the impugned order dated
31.8.2009 passed by the Additional Collector/Collector (Stamps) and the
appellate order dated 30.6.2010 passed by the Assistant Commissioner
(Stamps) Azamgarh Division, Azamgarh shall remain stayed provided the
petitioner deposits the entire deficient stamp duty so determined within a
period of one month from today. The amount so deposited shall be kept
separately and be invested in a fixed deposit with a Nationalized Bank
initially for a period of one year subject to renewal, if necessary. The amount
already deposited before the authority below shall be given adjustment.
In the event of default in depositing the aforesaid deficient stamp duty within
the time stipulated, the stay order shall automatically come to an end.
Order Date :- 4.8.2010
SKS