Neutral Citation No. - 2025:AHC-LKO:35594-DB Court No. - 1 Case :- WRIT - C No. - 5883 of 2025 Petitioner :- Sanjay Kumar Verma And Another Respondent :- State Of U.P. Thru. Principal Secretary Home, U.P. Govt. Lucknow And 3 Others Counsel for Petitioner :- Abhay Kumar Srivastva,Mohammad Gulfam Counsel for Respondent :- C.S.C. Hon'ble Attau Rahman Masoodi,J. Hon'ble Subhash Vidyarthi,J. 1. Heard learned counsel for the petitioners, learned Standing Counsel appearing on behalf of the State and perused the records. 2. The notice issued in furtherance of impugned order dated 21.03.2025 has already culminated into an ex-parte order passed against the petitioner. The petitioner has availed of the remedy of appeal arising out of the order passed by the competent authority, which is pending under Section 56(1-A) of Indian Stamp Act, 1899. An interlocutory order was also passed on the pending appeal on 29.03.2025, whereby the petitioner was granted 30 days' time to make necessary deposit of one third of the disputed amount for maintainability of the appeal, which the petitioner has not carried out. 3. The contention of the learned counsel for the petitioners is that one third of the amount required by the appellate authority is inclusive of interest accruing on the actual liability. 4. Although, the statutory provision for the purpose of deposit of one third of the amount is inclusive of interest and penalty, but in the present case, the petitioners have stated that their financial situation is not well and they are unable to avail of the remedy on this count if one third of the amount is construed to be inclusive of the interest and penalty etc. 5. In the interest of justice, we relax the deposit of one third of the statutory deposit to the actual disputed amount i.e. the deficiency of the stamp duty so that substantial justice is imparted to the petitioners as an exceptional case. The petitioners are permitted to make necessary deposit of one third of the deficiency of stamp duty within a period of 15 days from today. On compliance of the order passed by this court the appellate authority shall proceed with the pending appeal and decide the same expeditiously in accordance with law. 6. With the aforesaid observations, the petition stands disposed of. . [Subhash Vidyarthi, J.] [Attau Rahman Masoodi, J.] Order Date :- 16.6.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench