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2025 DAILYLAW 77172 (ALL)

VAKAR BIN MUSTAFA AND ANOTHER v. STATE OF U.P. AND 4 OTHERS

WRIC/23580/2025 · 2025-09-10

Piyush Agrawal

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 23580 of 2025 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the petitioners and learned ACSC for the State - respondents. The instant writ petition has been filed against the impugned order dated 22.05.2025 passed by the District Magistrate, Rampur. Learned counsel for the petitioners submits that a gift deed was executed on 06.09.2023 in favour of the petitioners, which has wrongly been treated as 'conveyance'. He further submits that proceedings under section 47-A of the Indian Stamp Act cannot be initiated with respect to a gift deed. He further submits that the issue in hand is squarely covered by the judgements of this Court in Santosh Gupta Vs. State of U.P. & Others [Writ C No. 22313/2023, decided on 24.07.2024] and Raj Kumar Jaiswal Vs. State of U.P. & 3 Others [Writ C No. 1411 of 2021, decided on 21.08.2024]. To the last submission, learned ACSC does not dispute the said fact. In view of the aforesaid facts & circumstances of the case, the instant writ petition stands allowed in terms of the judgements of this Court in Santosh Gupta (supra) and Raj Kumar Jaiswal (supra). The impugned order dated 22.05.2025 passed by the District Magistrate, Rampur is hereby quashed. Any amount already deposited by the petitioner during pendency of the Versus Counsel for Petitioner(s) : Amit Singh, Shagun K. Saran Counsel for Respondent(s) : C.S.C. Vakar Bin Mustafa And Another .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) present litigation shall be refunded to him within a period of one month along with interest at the rate of 4% per annum from the date of deposit till the date of actual payment of the said amount. September 11, 2025 Amit Mishra WRIC No. 23580 of 2025 2 (Piyush Agrawal,J.) Digitally signed by :- AMIT KUMAR MISHRA High Court of Judicature at Allahabad