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2025 DAILYLAW 165204 (ALL)

RAM SUMIRAN v. STATE OF U.P. THRU. PRIN. SECY. REVENUE LKO. AND 3 OTHERS

WRIC/9144/2025 · 2025-09-19

Pankaj Bhatia

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9144 of 2025 Court No. - 6 HON'BLE PANKAJ BHATIA, J. 1. Heard learned counsel for the petitioner and Shri Devendra Mohan Shukla, learned Additonal Chief Standing Counsel. 2. The present petition has been filed by the petitioner challenging the order dated 15.01.2024, whereby stamp duty deficiency was assessed against the petitioner by an ex parte order as well as the order dated 28.09.2024, whereby the recall application was dismissed. 3. The contention of learned counsel for the petitioner is that no hearing was accorded prior to passing of the order dated 15.01.2024. 4. Perusal of the order also indicates that despite notice, no one has put in appearance. Learned counsel for the petitioner states that out of the stamp duty assessed amounting to approximately Rs.3,08,200/-, an amount of approximately Rs.3,00,000/- has already been deposited by the petitioner. 5. Considering the fact that the order was passed without affording any opportunity of hearing, both the orders are quashed. 6. The matter is remanded to respondent No.2 to pass order afresh after giving opportunity of hearing to the petitioner. 7. The amount deposited shall be subject to the outcome of the fresh order that may be passed. Versus Counsel for Petitioner(s) : Shailendra Kumar Misra, Chitrangada Narayan, Vartika Pandey Counsel for Respondent(s) : C.S.C. Ram Sumiran .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Revenue Lko. And 3 Others .....Respondent(s) 8. The petition stands allowed. September 19, 2025 Ashutosh WRIC No. 9144 of 2025 2 (Pankaj Bhatia,J.) Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench