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2025 DAILYLAW 110682 (ALL)

SMT. PRIYANKA v. STATE OF U.P. AND 2 OTHERS

WRIC/41568/2024 · 2025-02-11

Piyush Agrawal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19807 Court No. - 2 Case :- WRIT - C No. - 41568 of 2024 Petitioner :- Smt. Priyanka Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ajay Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Piyush Agrawal,J. Heard learned counsel for the petitioner and learned Standing Counsel for the State- respondents. With the consent of learned counsel for the parties, this writ petition is being finally disposed of at this stage without calling for any affidavit. This writ petition has been filed for quashing the recovery notice dated 19.9.2022 of Rs. 1,25,550/- +25,130/- +interest @ 1.5 % every month issued against the petitioner. The petitioner had purchased a land of gata no. 776 (area 0.03 hectare) situated at Mauja Bharaul Tehsil Shikohabad, Distt. Firozabad through registered sale deed dated 15.7.2022. Thereafter the proceedings under Section 47 A of Stamp Act was initiated against the petitioner in which the impugned recovery notice has been issued. Learned counsel for the petitioner submits that now the petitioner is ready to deposit the entire recovery amount in pursuance of the impugned recovery notice within the time fixed by this Court. Learned Standing Counsel appearing on behalf of State- respondents very fairly submits that the State is interested in realizing the entire amount alongwith interest and if the petitioner deposits the amount within the time allowed by this Court, no further action shall be taken against the petitioner. On the facts & circumstances of the case and in the interest of justice, the present writ petition is disposed of with the following directions: (i) Petitioner shall deposit a sum of Rs. 75,000/- within one month from today. (ii) After the deposit of first installment, the petitioner is directed to file an application for supply of statement of balance amount before the District Magistrate, Firozabad, respondent no. 2, who is directed to give the statement of balance amount after calculating the interest as on date within a period of one week from the date of filing of said application. (iii) The petitioner is further directed to deposit second installment of Rs. 75,000/- within 45 days from the date of deposit of first installment. (iv) Thereafter the petitioner shall deposit the third / last installment of the balance amount as per the statement supplied by the respondent, within 30 days from the date of deposit of second installment. (v) For a period of four months, the recovery proceedings in pursuance of impugned notice shall be kept in abeyance and no coercive action shall be taken against the petitioner. (vi) In case the petitioner commits default in depositing any of the installments within the above stipulated time, the interim protection granted by this Court shall stand automatically vacated without any further reference of this Court and it will be open to the respondents to start recovery proceedings against the petitioner by taking coercive process to which the petitioner undertakes not to challenge. (vii) If the entire amount is deposited by the petitioner, as directed above, no recovery charges shall be realized from the petitioner. (viii) If any fact stated by the petitioner is found to be incorrect, it will be open for the authorities to move an application for modification/recall of the order. Order Date :- 11.2.2025 Rahul Dwivedi/- Digitally signed by :- RAHUL DWIVEDI High Court of Judicature at Allahabad