Court No. - 30 Case :- WRIT - C No. - 989 of 2010 Petitioner :- Smt. Sanno Devi Respondent :- State Of U.P. And Others Petitioner Counsel :- Sushil Kumar Pandey Respondent Counsel :- C.S.C.,Vivek Varma Hon'ble Abhinava Upadhya,J.
Vakalatnama has been filed by Sri Sanjay Kumar, learned counsel on behalf of
respondent no.4.
With the consent of learned counsel for the parties, the writ petition is being finally
disposed of at this stage.
The proceedings were initiated against the petitioner under Section 33 of the Indian
Stamp Act. According to the petitioner he was merely a tenant in the property
concerned and the proper stamp fee on the instrument of tenancy has already been
paid. Nothing more is required to be paid.
Learned counsel for the petitioner further submtis that as of date the petitioner is
not even a tenant in the property. However, without considering these facts the
order under Section 33 has been passed by the Collector and the Appellate Court
without considering that there was no agreement entered into between the petitioner
and other side and the petitioner was merely a tenant in the said property and as of
today he has also relinquished the tenancy also as such he has no concerne with the
said property and, therefore, the order passed cannot be sustained in the eyes of
law.
These are all questions of fact that could not be looked into the by this Court,
however, since the order passed under Section 33 is an ex-parte oder, it is provided
that the petitioner may approach the concerned authority which may proceed to
decide the issue after giving an opportunity to the petitioner of being heard.
With the aofresaid direction the matter is remanded back to the Collector to decide
afresh. Since the matter is remanded back the order passed under Section 56 cannot
survive and is, therefore, set aside. The petitioner will furnish the certified copy of
this order before the concerned Collector within a period of 15 days from today
who will pass appropriate order in accordance with law.
Subject to the aforesaid direction the writ petition is allowed.
Order Date :- 11.1.2010
pks