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2025 DAILYLAW 10170 (UTT)

ANKIT SINGH v. STATE OF UTTARAKHAND

WPMS/2435/2025 · 2025-08-25

Pankaj Purohit

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.2435 of 2025 Hon’ble Pankaj Purohit, J. Mr. Bhupendra Prasad, Advocate for the petitioner. 2. Mr. Anil K. Dabral, Additional C.S.C. with Mr. S.K. Nainwal, S.C. for the State. 3. Mr. I.D. Paliwal, S.C. for the State of U.P. 4. This writ petition has been filed, by the petitioner, under Article 227 of the Constitution of India, whereby the petitioner has put to challenge the orders dated 29.07.2024 and 05.05.2025, passed by respondent no.3-Additional District Magistrate, Udham Singh Nagar and the recovery citation dated 21.07.2025 issued by respondent no.5. 5. A preliminary objection is raised by the State that under Section 56 of the Indian Stamp Act, 1899, as amended vide Uttarakhand Act No.1 of 2016 against the order passed by the Collector appeal would lie. 6. Learned counsel for the State passed on to this Court the Uttarakhand amendment incorporated in Section 56 of the Indian Stamp Act, 1899, which reads as under:- “(1-A) Notwithstanding anything contained in any other provisions of this Act, any person including the Government aggrieved by an order of the Collector under chapter IV or Chapter V or under clause (a) of the first proviso to Section 26 may within 60 days from the date receipt of the order prefer an appeal against such order to the Chairman Board of Revenue who shall, after giving the parties a reasonable opportunity of being heard consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final.” 7. Having perused the said provision, this Court is of the view that objection of the State counsel is correct. 2 8. Accordingly writ petition is dismissed with a liberty to the petitioner to file appeal against the orders impugned. (Pankaj Purohit, J.) 25.08.2025 SK