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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 27154 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J.
1. Heard Shri Umesh Vats, learned counsel for the petitioner and Shri Rahul Agrawal, learned Additional Advocate General for the State-respondents. 2. The petitioner has preferred the present writ petition inter alia with the prayer to quash the Recovery Certificated dated 15.07.2025 issued by respondent no.3- Collector/Collector Stamp, Agra, copy of which is appended as Annexure No. 16 to the writ petition. 3. Facts in brief as contained in the writ petition are that the proceedings were initiated against the petitioner pursuant to a report submitted against him in respect of stamp deficiency. The Collector/Collector Stamp, Agra-respondent no.3 after hearing the counsel for the parties, passed the order dated 21.05.2025 imposed a sum of Rs.69,55,480 towards stamp deficiency, Rs. 9,93,740/- towards registration fee and Rs.17,38,870/- towards penalty along with interest. 4. Aggrieved against the aforesaid, the petitioner filed a revision as provided under Section 56(1) of the Indian Stamp Act, 1989 before the Chief Controlling/ Revenue Authority, Agra- respondent no.2. Along with the said revision an application for grant of interim relief was also filed, which numbered as Versus Counsel for Petitioner(s) : Umesh Vats Counsel for Respondent(s) : C.S.C. Haresh Sharma .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
Revision No.208 of 2025. Since no decision was taken in the aforesaid revision the petitioner preferred Writ-C No. 19843 of 2025 before this Court which was disposed of vide order dated
18.06.2025. The order reads as follows:-
"1. Heard Shri Chandan Sharma, learned counsel for petitioner and learned Standing Counsel. 2. By means of this petition filed under Article 226 of the Constitution petitioner has prayed for expeditious disposal of the pending stay application in a stamp revision pending before the Chief Controlling Revenue Authority/ Board of Revenue the revision being Revision no. 208 of 2025. 3. Learned Standing Counsel has no objection in the event pending stay application is directed to be disposed of in accordance with law. 4. In view of the above this petition stands disposed of with the direction to the authority concerned to dispose of the pending stay application of petitioner dated 23.05.2025 in revision No. 208 of 2025 as expeditiously as possible preferably within a period of three weeks from production of certified copy of this order."
5.
The aforesaid order was duly served by the petitioner upon the respondent no.2 along with an application dated 08.07.2025. It is argued that despite of the knowledge of the order passed by this Court, though the appeal was admitted by respondent no.2 vide
order dated 08.07.2025, but no orders were passed on the application for grant of interim relief. It is argued that on the one hand no orders were passed on the application for grant of interim relief on the pending revision and on the other hand the respondent no.3 issued a recovery certificate dated 15.07.2025 against the petitioner. It is further argued that issuance of the aforesaid recovery certificate is illegal and is liable to be set aside by this Court.
6. Shri Rahul Agrawal, learned Additional Advocate General for the State-respondents argued that the respondent no.2 will take a decision in the matter pursuant to the order passed by this Court dated 18.06.2025 in Writ-C No. 19843 of 2025 expeditiously.
7. In this view of the matter and also in the interest of justice the WRIC No. 27154 of 2025 2
present writ petition is disposed off finally directing the respondent no.2 to take a decision in the matter pursuant to
judgment and order dated 18.06.2025 passed in Writ-C No. 19843 of 2025 expeditiously and preferably on or before the next date fixed in the matter i.e. 07.10.2025. If on account of any reason no orders will be passed on or before the said date, necessary orders will be passed within two weeks thereafter.
8. Till 31st October, 2025 or till the time a decision is taken by respondent no.2 in the matter, no coercive action shall be taken against the petitioner pursuant to the recovery certificate dated
15.07.2025. September 10, 2025 AS WRIC No. 27154 of 2025 3 (Prakash Padia,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad