MOHD. MUSTAFA v. STATE OF U.P. THRU. SECY. FINANCE LKO. AND 3 OTHERS
WRIC/5754/2025 · 2025-06-05
Jaspreet Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 144727 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 144727 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:34616 Court No. - 4 Case :- WRIT - C No. - 5754 of 2025 Petitioner :- Mohd. Mustafa Respondent :- State Of U.P. Thru. Secy. Finance Lko. And 3 Others Counsel for Petitioner :- Pal Singh Yadav,Ashish Kumar Singh,Prathama Singh Counsel for Respondent :- C.S.C. Hon'ble Jaspreet Singh,J. Heard learned counsel for the petitioner. Notice on behalf of the respondents No.1 to 4 has been accepted by the office of the Chief Standing Counsel. At the very outset, Shri Ravi Singh, learned standing counsel has raised a preliminary objection regarding maintainability of the petition on the ground that the order impugned has been passed by the authority in exercise of powers under Section 47-A of the Indian Stamp Act (as applicable in the State of U.P.). It is urged that the petitioner has a statutory remedy of filing an appeal under Section 56 of the aforesaid Act, hence, it is urged that in the aforesaid circumstances, the instant petition may not be entertained.
Learned counsel for the petitioner, after making his submission, could not dispute the fact that the petitioner has statutory remedy of filing an appeal and thereafter he submits that he may be permitted to withdraw the petition with liberty to avail remedy of filing an appeal. In view of the aforesaid, the petition is dismissed as withdrawn. It is made clear that the petition is dismissed merely on the ground of availability of alternate remedy. In case if the petitioner files an appeal within a period of one week from today, it is expected that the appellate authority shall consider and decide the appeal, after affording an opportunity of hearing to the parties concerned, but without granting any unnecessary adjournment to either of the parties preferably as expeditiously as possible. It is made clear that the Court has not examined the plea of either of the parties on merits and the appellate authority needless to say shall decide the appeal strictly in accordance with law. With the aforesaid observations, the petition is dismissed as withdrawn.
Order Date :- 5.6.2025 Rakesh/- Digitally signed by :- RAKESH PRAJAPAT High Court of Judicature at Allahabad, Lucknow Bench