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2025 DAILYLAW 167475 (ALL)

ARUN KUMAR PATEL AND ANOTHER v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF STAMP AND REGISTRATION LKO. AND 4 OTHERS

WRIC/9620/2025 · 2025-09-26

Brij Raj Singh, Sangeeta Chandra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 9620 of 2025 Court No. - 2 HON'BLE MRS. SANGEETA CHANDRA, J. HON'BLE BRIJ RAJ SINGH, J. 1. Heard learned counsel for the Petitioners and learned Standing counsel for the State- respondent nos. 1 to 3. 2. This writ petition has been filed with the following reliefs:- "(i) Issue writ order or direction in nature of certiorari for quashing the impugned recovery citation dated 11.03.2024 issued by opposite party No.2 only to that effect which effect it relates to the property of the petitioners, contained as Annexure No. 1, in the interest of justice ; (ii) Issue writ order or direction in nature of mandamus commanding the concerned opposite parties that they recover the stamp duty from the other property of opposite party No.4, in the interest of justice." 3. We have gone through the pleadings on record. It is the case of the petitioners that they are owners of house and shop situated at Kera Jot, Toromafi Darabganj, Tehsil Bikapur, District Ayodhya and the step mother- opposite party no.5 being annoyed with the petitioners left their house and purchased one property/land on 29.09.1993 at Village Tenduamafi, Bikapur Bazar, District Ayodhya. 4. It is the case of the petitioners that respondent no.5-Naina Devi is their step mother, who has sold off property which was purchased by the petitioners in the name of their father on the basis of a false will deed to the respondent no.4. A recovery notice has now been issued by the respondents to the petitioners through Naina Devi and Malti Devi wherein house number mentioned in that is of the petitioners. The petitioners apprehend that due to the fault of Naina Devi, the respondent no.5, their house will be sold off to recover the amount of shortfall in stamp duty as per the notice issued in this Versus Counsel for Petitioner(s) : Utkarsh Kumar, Alok Kr. Misra Counsel for Respondent(s) : C.S.C. Arun Kumar Patel And Another .....Petitioner(s) State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Stamp And Registration Lko. And 4 Others .....Respondent(s) regard, by the respondents. 5. Learned Standing Counsel for the State has informed that an order has already been passed under Section 47-A of Indian Stamps Act on 21.11.2022, against the respondent no. 5, who is a resident of same house in which the petitioners are residing. If the petitioners are aggrieved in any manner by the order dated 21.11.2022, they have remedy of filing an appeal under Section 56 of the Indian Stamps Act. Section 56 of the Indian Stamps Act, provides that any person aggrieved by order passed under Section 47-A may file an appeal. 6. The writ petition is disposed of with a direction to the petitioners to approach the appellate forum. September 26, 2025 Pks WRIC No. 9620 of 2025 2 (Brij Raj Singh,J.) (Mrs. Sangeeta Chandra,J.) Digitally signed by :- POOJA SETH High Court of Judicature at Allahabad, Lucknow Bench