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2026 DAILYLAW 5071 (ALL)

RASHID v. STATE OF U.P. AND 2 OTHERS

WRIC/35682/2026 · 2026-09-08

Saurabh Shyam Shamshery

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 35682 of 2026 Court No. - 36 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. Heard Sri Ratnesh Kumar Pandey, learned counsel for petitioner and Sri R.P. Tiwari, learned Standing Counsel for State-Respondents. 2. Petitioner has an efficacious and statutory alternative remedy to file an appeal or revision, as the case may be, against the order passed under Section 47A of Indian Stamp Act, 1899 even if the impugned order is passed ex parte though in impugned order it is mentioned that notice was issued. Therefore, a ground that whether notice was served or not can still be considered by Appellate or Revisional Authority and a rush to this Court without availing alternative remedy is not justified. 3. Accordingly this writ petition is disposed of that in case an appeal or a revision is filed alongwith a stay application within a period of three weeks from today, the Appellate or Revisional Authority, as the case may be, shall decide stay application within seven days and appeal or revision thereafter be decided within three weeks. In case on basis of record the Authority comes to a conclusion that no service was effected upon petitioner, it will pass appropriate order to cure the defect in accordance with law. September 9, 2026 AK Versus Counsel for Petitioner(s) : Ratnesh Kumar Pandey, Ravindra Pratap Singh Counsel for Respondent(s) : C.S.C. (Saurabh Shyam Shamshery,J.) Rashid .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Digitally signed by :- AWADESH KUMAR High Court of Judicature at Allahabad