AWADHESH KUMAR GUPTA v. STATE OF U.P. AND 4 OTHERS
WRIC/33151/2025 · 2025-09-24
Piyush Agrawal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 98232 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 98232 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33151 of 2025 Court No. - 7 HON'BLE PIYUSH AGRAWAL, J. Supplementary affidavit filed on behalf of the petitioner in Court today is taken on record. Heard learned counsel for parties and perused the record. The present writ petition has been filed seeking mandamus directing the respondent no.2 Commissioner Prayagraj Division, Prayagraj to decide the Stamp Appeal No.1194 of 2021 (computerized case No.C202102000001194) Lakshmi Shankar Yadav and others Vs. State of U.P. under Section 56 (1A) of Indian Stamp Act 1899, pending before the Commissioner Prayagraj Division, Prayagraj within stipulated period, if possible within a month. Learned counsel for the petitioner submits that against the order passed by the Collector, appeal was filed along with stay application. The petitioner during the pendency of the appeal has deposited almost a sum of Rs.15 lacs, which is more than one third of the amount required to be deposited for entertainment of the stay application. He submits, on the one hand neither the appeal nor the stay application were decided and on the other, coercive action is being pressed by attaching the property of the petitioner by issuing the impugned attachment order. Per contra, learned Standing Counsel submits that the date in the appeal is fixed before the court concerned on 15.10.2025 and the petitioner can very well press its stay application on the date fixed. On rebuttal to the said, counsel for the petitioner submits that in the event the property is attached, mere filing of an appeal along with stay application is a futile exercise. In view of the proposed order being passed, no useful purpose would be served in keeping this petition pending. Versus Counsel for Petitioner(s) : Arvind Kumar Maurya Counsel for Respondent(s) : C.S.C. Awadhesh Kumar Gupta .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s)
The writ petition is disposed of with the direction to the respondent authority concerned to decide the stay application/appeal of the petitioner within a period on the next date fixed. The petitioner undertakes should not take any adjournment on the next date fixed. No coercive action shall be taken against the petitioner for a period of two months from the date of production of certified copy of this order, whichever is earlier.
September 25, 2025 Priya WRIC No. 33151 of 2025 2 (Piyush Agrawal,J.) Digitally signed by :- PRIYA KUSHWAHA High Court of Judicature at Allahabad