Court No. - 33 Case :- WRIT - C No. - 38152 of 2010 Petitioner :- Telecom District Manager, Bharat Sanchar Nigam, Ltd. Respondent :- State Of U.P. Thru' Secretary Stamp Lucknow Petitioner Counsel :- Subodh Kumar,Udit Chandra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard Sri Udit Chandra with Sri Subodh Kumar learned counsel for the
petitioner and the learned Standing counsel.
Learned counsel for the petitioner prays for and is allowed two weeks time to
move an application to implead the owner of the land as one of the
respondents.
The dispute in the present writ petition is whether the agreement dated
1.10.2001 is a lease deed or a licensee for the purposes of payment of stamp
duty. The authorities below have held it to be a lease deed and has directed for
charging stamp duty accordingly.
The submission of the learned counsel for the petitioner is that the writ
petition involving similar controversy in respect of identical agreements are
pending in the High Court and the matter is also drawing attention of the
Supreme Court.
Learned Standing counsel prays for and is allowed one month for filing
counter affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List on 16th August 2010 when other similar matters are likely to be listed.
Following the earlier interim orders passed by this Court in matters involving
similar controversy it is provided that the operation of the impugned orders
dated 29.9.2007 and 31.7.2009 shall remain stayed until further orders
without any condition as the petitioner is quite solvent and always capable of
paying the disputed amount in case writ petition is dismissed.
Order Date :- 5.7.2010
SKS