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2025 DAILYLAW 15410 (UTT)

HATIM JAVED v. STATE OF UTTARAKHAND

WPMS/3398/2025 · 2025-12-08

Pankaj Purohit

body2025

Judgment text

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2025:UHC:10848 SL. No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS WPMS No.3398 of 2025 Hon’ble Pankaj Purohit, J. Mr. Pankaj Kumar Sharma, learned counsel for petitioner. 2. Mr. Sudhir Kumar Nailwal, learned Standing Counsel for the State of Uttarakhand/respondents. 3. By means of the present writ petition under Article 227 of the Constitution of India, petitioner has challenged the judgment and order dated 30.10.2025 (Annexure No.8) passed by learned Additional Collector (Finance & Revenue), Haridwar in Case No.162/MV/2024-25, whereby the petitioner was asked to deposit the stamp duty @Rs.6000 per sq.mtr. in spite of stamp duty which has been paid by him @Rs.1450/- per sq.mtr. 4. Learned State Counsel at the outset raised a preliminary objection that the order impugned is appealable before the learned Board of Revenue under Section 56 (Uttarakhand amendment) of the Indian Stamp Act, 1899. Section 56 (Uttarakhand amendment) of the Indian Stamp Act, 1899, is quoted hereinbelow:- “56. Control of, and statement of case to, Chief Controlling Revenue Authority. 1-A: Notwithstanding anything contained in any other provisions of this Act any person including the Government aggrieved by an order of the Collector under chapter-IV or chapter-V or under clause (a) of the first proviso to section 26 may within 60 days from the date receipt of such order prefer an appeal against such order to the Chairman, Board of 2025:UHC:10848 Revenue who shall, after giving the parties a reasonable opportunity of being heard consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final. Provided that no application for stay of recovery of any disputed amount of stamp duty including interest thereon or penalty shall be entertained unless the applicant has furnished satisfactory proof of the payment of not less than one third of such disputed amount. Provided further that where the Chairman, Board of Revenue passes an order for the stay of recovery of any stamp duty, interest thereon or penalty, such stay order shall not remain in force for more than 30 days unless the appellant furnishes adequate security to the satisfaction of the Collector concern for the payment of the outstanding amount.” 5. In such view of the matter, this Court doesn’t want to interfere in the present writ petition under Article 227 of the Constitution of India in view of the aforesaid remedy available to petitioner. 6. Accordingly, the present writ petition is dismissed. 7. Pending application(s), if any, stands disposed of. (Pankaj Purohit, J.) 08.12.2025 PN