M/S DLF HOME DEVELOPERS PVT.LTD THRU. AUTHORIZED REPRESENTATIVE v. STATE OF U.P. THRU. ITS PRIN.SECY. OF THE STAMP AND REGISTRATION DEPTT. LKO. AND 6 OTHERS
WRIC/3925/2025 · 2025-04-25
Om Prakash Shukla, Rajan Roy
body2025
DailyLaw.ai
[ 2025 DAILYLAW 135064 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 135064 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23821-DB Court No. - 2 Case :- WRIT - C No. - 3925 of 2025 Petitioner :- M/S Dlf Home Developers Pvt.Ltd Thru. Authorized Representative Respondent :- State Of U.P. Thru. Its Prin.Secy. Of The Stamp And Registration Deptt. Lko. And 6 Others Counsel for Petitioner :- Samanvya Dhar Dwivedi,Abhishek Mishra,Aniket Tripathi,Tarun Tiwari Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J.
1. Shri Shantanu Gupta, Advocate has filed his vakalatnama on behalf of the opposite party no. 4. The same is taken on record. 2. Heard Sri Pinaki Misra, learned Senior Advocate assisted by Sri Amit Agarwal, Sri Samanvya Dhar Dwivedi, Sri Abhishek Mishra, Sri A.R. Mishra, Sri S. Anjani Kumar and Sri Aniket Tripathi, learned counsel for the petitioner, learned Additional Chief Standing Counsel for the State and Sri Jayant Bhusan, learned Senior Advocate, Sri Prashant Chandra, learned Senior Advocate, Sri Jaideep Narain Mathur, learned Senior Advocate assisted by Sri Shantanu Gupta, Sri Rajat Taneja, Sri Manmeat Singh Nagpal, Shri Amartya Bhushan, learned counsel for the opposite party no. 4. 3. By means of this writ petition the petitioner has sought the following reliefs:-
"a. Issue a writ in the nature of mandamus directing the Respondent Nos. 1, 2 and 3 to sine-die adjourn the stamp recovery proceedings bearing Stamp Case No. D202211270001599 pending before the Court of Collector/District Magistrate, Gautam Budh Nagar, to await the judgment of the Hon'ble High Court of Delhi in OMP (Comm.) 450/2023 and Arb A (Comm) 45/2023 and the final arbitral award by the Arbitral Tribunal, who are already seized of the very same issue being considered by the Ld. Collector; or b. issue a writ in the nature of certiorari and quash the impugned stamp recovery proceedings bearing Stamp Case No. D202211270001599 pending before the Court of Collector/District Magistrate, Gautam Budh Nagar; and/or"
4. We specifically asked the learned Senior Advocate as to whether representations submitted to the opposite parties no. 1 and 2 are referable to any statutory provision
he fairly submitted that they were not. It being so, as the opposite party no. 3- Collector of Stamp of District - Gautambhudh Nagar is stationed outside the territorial jurisdiction of this Court at Lucknow and in fact, the grievance of the petitioner essentially is against the opposite party no.
3, but, the petitioner has filed this writ petition only for the reason that the opposite parties no. 1 and 2 being his supervisory authorities should be asked to restrain the opposite party no. 3 from proceeding in the matter in the teeth of some proceedings pending before the Delhi High Court. We are afraid, we do not have territorial jurisdiction to issue such a direction and as far as the opposite parties no. 1 and 2 are concerned, no doubt they are stationed at Lucknow but merely because they are supervisory authorities of opposite party no. 3, assuming it is so, this Court would not get territorial jurisdiction in the matter, especially as, the representations
submitted
are
not
statutory representations. This apart, Shri Jayant Bhusan, learned Senior Advocate appearing for the opposite party no. 4 disputes the assertion that the opposite parties no. 1 and 2 are supervisory authorities. 5. We, therefore, dismiss this writ petition only on account of lack of territorial jurisdiction. 6. At this stage Sri Pinaki Misra, learned Senior Advocate appearing for the state submits that he may be permitted to withdraw this writ petition and the same may be dismissed as withdrawn with liberty to file a fresh writ petition before this Court at Allahabad. It is always open for the petitioner to do so. . (Om Prakash Shukla,J.) (Rajan Roy,J.) Order Date :- 25.4.2025 R.K.P. Digitally signed by :- RAJ KUMAR PATEL High Court of Judicature at Allahabad, Lucknow Bench