Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 155012 (ALL)

MANOJ KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. REVENUE LKO. AND 3 OTHERS

WRIC/7541/2025 · 2025-08-07

Pankaj Bhatia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 6 Case :- WRIT - C No. - 7541 of 2025 Petitioner :- Manoj Kumar Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Revenue Lko. And 3 Others Counsel for Petitioner :- Pradeep Tiwari,Kailash Nath Tewari Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard the counsel for the petitioner, learned Standing Counsel. 2. The present petition has been filed by the petitioner challenging the order dated 30.10.2024 whereby an ex-parte order was passed assessing the deficiency of stamp duty as well as imposing penalty. 3. The contention of the counsel for the petitioner is that no opportunity of hearing was granted prior to passing of the said order. The order impugned also does not record that any opportunity of hearing was granted apart from mention that despite various dates, nobody appeared. 4. Considering the fact that the order is ex-parte and the petitioner is ready and willing to pay the amount of the stamp duty as assessed, the order requires interference and the same is in violation of the principles of natural justice. The order dated 30.10.2024 is quashed. The matter is remanded for consideration afresh after hearing the petitioner. The petitioner, would however deposit the amount of Rs.1,00,000/- (one lakh) apart from the amount of Rs.20,000/-, as has already been deposited, within a period of three weeks and the petitioner would appear before the assessing authority i.e. the opposite party no.2 who shall pass fresh order in accordance with law. 5. It is made clear that no further opportunity would be available to the petitioner and no fresh notice be served. 6. The writ petition stands disposed off with the said observations. Order Date :- 7.8.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench