ANITA YADAV AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF STAMP AND REGISTRATION U.P. LKO. AND 7 OTHERS
WRIC/605/2025 · 2025-01-22
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 118785 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 118785 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:4072 Court No. - 19 Case :- WRIT - C No. - 605 of 2025 Petitioner :- Anita Yadav And Another Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Stamp And Registration U.P. Lko. And 7 Others Counsel for Petitioner :- Shishir Yadav Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard Mr. Manik Sinha learned Senior Counsel assisted by Mr. Shishir Yadav learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 8th August, 2024 passed under Section 47-A of the Indian Stamp Act 1899 whereby deficiency of stamp duty alongwith penalty and interest has been imposed upon petitioner. Also under challenge is the recovery certificate dated 26th December, 2024. Further prayer for direction to opposite parties not take any coercive steps against petitioner and and for direction to decide appeal preferred against the aforesaid order has also been sought.
3. Learned counsel for petitioners submits that against aforesaid impugned order dated 8th August, 2024, appeal has already been preferred under Section 56 of the Act and is pending
consideration for the past three months without any adjudication thereupon and in the meantime the recovery certificate has also been issued. It is submitted that appeal is also accompanied by an application for interim relief, which also remain undecided.
4. In view of the fact that appeal has already been preferred against order dated 8th August, 2024, opposite party No.3 i.e. Commissioner, Lucknow Division, Lucknow, U.P. is directed to consider and decide the same expeditiously. It is also directed that in case the appeal preferred by petitioner is in consonance with the procedure prescribed and in terms of Section 56 of the Act read with Rules framed thereunder, the application for grant of interim relief shall be considered and decided on the next date fixed.
Order Date :- 22.1.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench