Court No. - 24 Case :- MISC. SINGLE No. - 4056 of 2010 Petitioner :- Smt.Guddi Devi Respondent :- Additional Commissioner Devi Patan Mandal Gonda And Another Petitioner Counsel :- N.K.Dwivedi Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Admit.
Notice on behalf of opposite parties has been accepted by the learned
Chief Standing Counsel, who prays for and is hereby granted six weeks’
time to file counter-affidavit and the petitioner will have four weeks
thereafter to file rejoinder affidavit.
List immediately after expiry of the aforesaid period.
Learned Counsel for the petitioner submits that the petitioner purchased
a piece of land measuring area 0.15 dismal from Gata No.77m/0.667 on
21.1.2009 for agriculture purpose and presently, crops are standing over
the land. The Sub-Registrar, Gonda gave a report that the aforesaid plot
has been purchased for using it as residential purpose in future. In
pursuance of the report dated 23.5.2009, notice was issued asking
therein to show the genuineness of the stamp duty paid earlier by the
petitioner. In pursuance of the notice, the petitioner filed his objections
before the opposite party No.2. Thereafter, the impugned order dated
7.4.2010 has been passed, against which the petitioner filed an appeal
which was rejected by the order impugned in the instant writ petition.
Petitioner’s Counsel submits that the opposite party No.2 has passed an
order dated 7.4.2010 in Case No.3/4/21/808-09 under Section 47A(2) of
the Indian Stamp Act imposing Rs.1,02,840/- as deficiency in stamp
duty, registry and penalty. Even in the appeal, the Appellate Authority,
without looking into the report submitted by the Naib Tahsildar and the
objections preferred by the petitioner, the impugned order dated
25.5.2010 has been passed by the Appellate Authority in Appeal No.99
under Section 56 of the Indian Stamp Act. Both the opposite parties
have done their exercise illegally and arbitrarily and acted as an agent
of the State to recover the amount from the public.
Prima facie, a case for interim relief is made out.
Till the next date of listing, the operation and implementation of the
orders 25.5.2010 and 7.4.2010 passed by the Appellate Authority and
the Collector, Gonda respectively shall remain stayed.
Order Date :- 23.7.2010
lakshman