Neutral Citation No. - 2025:AHC:72392 Court No. - 10 Case :- WRIT - C No. - 33049 of 2022 Petitioner :- Ramesh Chandra Rai Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pt. K. K. Dubey Counsel for Respondent :- C.S.C. Hon'ble Piyush Agrawal,J. Heard learned counsel for the petitioner and learned standing counsel for the state respondents. By means of the present writ petition the petitioner has assailed the order dated 30.10.21 passed by the respondent no. 3 in Case No. 01513 of 2021 and the order dated 29.9.2022 passed by respondent no.2 in Stamp Appeal No. 916 of 2022. Learned counsel for the petitioner submits that the petitioner has made exchange of his property with M/s Jay Baba Properties and Developers Pvt. Limited through exchange deed. He further submits that property in exchange of the petitioner was of lesser value than the property given in exchange to M/s Jay Baba Properties and Developers Pvt. Limited. He further submits that in view of Article 31 of Schedule A of the Stamp Act, stamp duty is payable on the higher valuation of property in the matter of exchange. He further submits that since the property of M/s Jay Baba Properties and Developers Pvt. Limited is of higher value the authority ought to have taken steps for deficit of stamp duty to them instead of petitioner. He further submits that specific grounds and pleadings were raised before the authorities but no weightage has been given. He further submits that once it came on record that the property of the petitioner is of lesser value than the property of M/s Jay Baba Properties and Developers Pvt. Limited the authority should have initiated proceedings against them as contemplated under Article 31 of Schedule A. He prays that the matter may be remitted back for reconsideration. Per contra, learned standing counsel submits that there is no prohibition for initiating proceedings against the petitioner as the land given in exchange to the petitioner was of higher value. He further submits that the Act only contemplates the levy of stamp duty which has to be determined on the property in exchange having higher value, therefore proceeding has also been initiated against the petitioner. After hearing the learned counsel for the parties, the Court has perused the records. It is not in dispute that proceedings have been initiated on the basis of exchange of the property between the petitioner and M/s Jay Baba Properties and Developers Pvt. Limited. The exchange deed was executed on 2.12.2020 thereafter proceedings have been initiated against the petitioner holding deficiency of stamp duty. The petitioner raised objection from the beginning that the property of M/s Jay Baba Properties and Developers Pvt. Limited is of higher value, therefore, as contemplated under Article 31 Schedule A the deficiency of stamp duty should be charged on the property having higher value but both the authorities have not considered the same and passed the impugned order. Since the specific ground was pressed and argued and both the authorities have not considered of which pleadings have been made in the report, which is not denied, therefore, the matter requires reconsideration. The impugned order dated 30.10.21 passed by the respondent no. 3 in Case No. 01513 of 2021 and the order dated 29.9.2022 passed by respondent no.2 in Stamp Appeal No. 916 of 2022 are hereby set aside. Accordingly the matter is remitted to the authorities for initiating the proceedings de novo. Before passing the order opportunity of being heard to be provided to all the stake holders. Further State is permitted to issue notice to M/s Jay Baba Properties and Developers Pvt. Limited also. Any amount deposited during the pendency of the present writ petition shall be subject to outcome of the order passed by the authority concerned. In case the matter is decided in favour of the petitioner the amount so deposited, if found excess, shall be refunded to the petitioner along with 4% interest thereon, within a month from the date of passing of the order. The writ petition is allowed. Order Date :- 6.5.2025 samz Digitally signed by :- SYED AKHTARMOHAMMAD MEQDAD High Court of Judicature at Allahabad