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Allahabad High Court
Shafiqu Alam S/O Mohammad Hussain vs State Of U.P. & Others on 6 August, 2010
Court No. - 33

Case :- WRIT - C No. - 46362 of 2010

Petitioner :- Shafiqu Alam S/O Mohammad Hussain
Respondent :- State Of U.P. & Others
Petitioner Counsel :- B.N. Chaturvedi
Respondent Counsel :- C.S.C.,Mrs. C.K. Chauturvedi

Hon'ble Pankaj Mithal,J.

In Stamp Case No.185/376 of 2001-02 vide an order dated 30.10.02
deficiency in stamp duty of Rs. 1,08,452/- was determined. Against the said
order an appeal was filed and thereafter a Writ Petition No.33612 of 2007
which was also dismissed on 26.7.07 and as such the order determining
deficiency has become final and conclusive. Now the petitioner has filed this
second writ petition, praying that he is ready to pay the amount but in easy
installments.

A writ petition for fixing installment is not maintainable, once the order
determining the liability of the petitioner has become final and conclusive.
This writ petition is virtually a second writ petition for the same cause of
action and is against the principles of Order II Rule 2 read with order XXIII
Rule1 and Section 11 C.P.C. as well as against public policy.

In this view of the matter, I am not inclined to exercise my discretionary
jurisdiction under Article 226 of the Constitution of India. The writ petition
as such is dismissed.

Order Date :- 6.8.2010
piyush


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