SMT. KUNTI DEVI ALIAS KUNTI AND 8 OTHERS v. STATE OF U.P. THRU. ADDL. CHIEF SECY. REVENUE U.P. LKO. AND 3 OTHERS
WRIC/1135/2025 · 2025-02-06
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 121983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 121983 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:7579 Court No. - 19 Case :- WRIT - C No. - 1135 of 2025 Petitioner :- Smt. Kunti Devi Alias Kunti And 8 Others Respondent :- State Of U.P. Thru. Addl. Chief Secy. Revenue U.P. Lko. And 3 Others Counsel for Petitioner :- Sachin,Lalu Prasad Bhatt Counsel for Respondent :- C.S.C. Hon'ble Manish Mathur,J.
1. Heard learned counsel for petitioners and Mr. S. K. Khare, learned State Counsel appearing on behalf of opposite parties.
2. Under challenge are the orders dated 29.05.2023, 28.07.2023 and 10.01.2024 passed under Section 47A of the Indian Stamp Act,1899 (hereinafter referred to as the Act of 1899). Also under challenge is the recovery notices dated 22.07.2023 and
23.01.2025.
3. Mr. S.K. Khare, learned State Counsel at the very outset has raised a preliminary objection regarding maintainability of this petition in view of fact that the orders pertain to separate sale deeds and therefore separate petitions are maintainable instead of one. It is also submitted that petitioners have an alternative and equally efficacious remedy of filing an Appeal under Section 56 of the Act of 1899, which has not been availed of.
4. In view of such submission, petitioners are granted liberty to assail order passed under Section 47A of the Act of 1899 in appellate proceedings. It is directed that in case the requisite formalities are fulfilled, the appellate authority shall consider and decide the Application for interim relief, if any, preferred along with Appeal expeditiously.
5. With aforesaid observations, the petition is finally disposed of. Order Date :- 6.2.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench