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2025 DAILYLAW 158067 (ALL)

MINU SINGH v. STATE OF U.P. THRU. PRIN. SECY. STAMP AND REGISTRATION U.P. LKO. AND OTHERS

WRIC/7501/2023 · 2025-07-11

Om Prakash Shukla, Rajan Roy

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40012-DB Court No. - 2 Case :- WRIT - C No. - 7501 of 2023 Petitioner :- Minu Singh Respondent :- State Of U.P. Thru. Prin. Secy. Stamp And Registration U.P. Lko. And Others Counsel for Petitioner :- Amit Kumar Singh,Virijendra Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Rajan Roy,J. Hon'ble Om Prakash Shukla,J. Heard. The petitioner purchased stamp to the tune of Rs. 46,500/- for purchasing a land from the opposite party no. 4, Daya Shankar Singh. The deed was transcribed and the petitioner put his signatures thereon, but the seller / vendor refused to do so. As such, the petitioner applied for refund of the amount while furnishing the stamp purchased by him, which has been declined by the impugned order dated 23.06.2022. While rejecting the application, the Assistant Commissioner (Stamp), Ayodhya has accepted the fact that the case of the petitioner is covered by Section 49 (D) of the Indian Stamp Act, 1899, but in the same vein he says that it is not covered by Clauses 1 to 8 thereof, as, the facts do not fall in any of the situations mentioned therein, nor has the petitioner mentioned specifically about any specific clause 1 to 8 being attracted. The order appears to be incongruous and contradictory. It is accordingly quashed. The petitioner claims that Clause 3 or 4 apply in his case. Let the application of the petitioner be re-considered by the Assistant Commissioner (Stamp), Ayodhya Mandal, Ayodhya with due and proper application of mind to the facts of this case in the light of the clauses mentioned in Section 49(D) i.e. Clause 1 to 8. Let such decision be taken within a period of six weeks. The writ petition is accordingly allowed in part. Order Date :- 11.7.2025 Lokesh Kumar [Om Prakash Shukla, J.] [Rajan Roy, J.] Digitally signed by :- LOKESH KUMAR High Court of Judicature at Allahabad, Lucknow Bench