HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5402 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 01.12.2025 passed in Writ-C No. 411 of 2020 order whereof is quoted herein under: "1. Heard Shri Manu Saxena, learned counsel for the petitioners and Shri Rajiv Gupta, learned Additional Chief Standing Counsel for the State- respondent. 2. The petitioner- Nagar Palika Parishad, Aonvla, District- Bareilly has filed the present writ petition under Article 226 of the Constitution of India praying for a writ of mandamus commanding the respondents to release 2% additional stamp duty realized by the Sub-Registrar, District- Aonvala District- Bareilly in favour of the petitioner- Nagar Palika Parishad and for a further direction to the said respondents to decide the representations made by the petitioners in this regard. 3. The case of the petitioner- Nagar Palika Parishad is that the State Government has been realizing 2% additional stamp duty, the benefit of which has to be passed on to the local bodies from where the collection is made. In terms of the said policy, from time to time the Director, Local Bodies, Lucknow has issued various orders specifying the amount to be released in favour of the local bodies by way of grant. In the said orders, the name of the petitioner- Nagar Palika Parishad duly finds place as well as the amount which is to be released in favour of the petitioner- Nagar Palika Parishad in particular financial year, however, the amount Versus Counsel for Applicant(s) : Manu Saxena Counsel for Opposite Party(s) : Nagar Palika Parishad Aonvla And Another .....Applicant(s) Anuj Kumar Jha .....Opposite Party(s) has not been released so far. The petitioner- Nagar Palika Parishad has also represented in this regard but to no avail. 4. Respondents no. 1, 2, 3 and 6 have filed a counter affidavit and in paragraph no.16, the following stand has been taken: "16. That in reply to the contents of paragraph Nos. 22 & 23 of the writ petition it is submitted that the procedure for disbursal of sanctioned amount on account of 2% additional stamp duty to any local body including the petitioner's urban local body is presently contained in G.O. ?.?. -5 -1149/11-2013-312(268) dated 13.09.2013 and it provides that provision for payment of 2% additional stamp duty shall be made in the grant of concerned department and aforesaid department shall issue financial sanction for the local bodies after arranging for requisite details /information from Stamp and Registration Department at its own level. It is further submitted that in the aforesaid G.O. dated 13.09.2013 there is no provision for seeking any approval from Inspector General Registration/ Commissioner Stamps, U.P. for payment /disbursal of the 2% additional stamp duty. In view of above, though from the contents of writ petition it is evident that requisite information has been communicated by respondent no.2/3 from time to time to Commissioner Stamps, U.P. and from Commissioner Stamps, U.P. to concerned Administrative Departments but if the payment of additional stamp duty is pending in favour of the petitioner for want of necessary details, petitioner may raise this matter before the concerned administrative department and the concerned department may call for requisite data/ details from the Stamp and Registration Department on specific point and thereafter decide the matter in accordance with G.O. dated 13.09.2013. Further, the action mandated under G.O dated 13.09.2013 has been reiterated under G.O. dated 24.09.2014 issued by Tax and Registration Department as under:- "इस प्रकार अब 02 प्रितशत अितिरक्त स्टाम्प शुल्क की धनरािश का िवतरण आवास एवं शहरी िनयोजन िवभाग व नगर िवकास िवभाग द्वारा अपने अनुदान में बजट व्यवस्था कराकर िकया जाना है। उल्लेखनीय है िक उक्त हेतु इस िवत्तीय वषर् में आवास एवं शहरी िनयोजन िवभाग तथा नगर िवकास िवभाग के आय-व्ययक में बजट प्रावधान भी िकया गया है, िकन्तु इसके बाद भी अनेक मण्डल । जनपद स्तर से संग्रहीत 02 प्रितशत अितिरक्त स्टाम्प शुल्क िक CAPL No. 5402 of 2026 2 मांग शासन के स्टाम्प एवं रिजस्ट्रेशन िवभाग से की जा रही है, जो उिचत नहीं है।" It is further submitted that in compliance of the G.O. dated 13.09.2013 a G.O. dated 06.05.2016 has also been issued by the controlling department of the petitioner / Department of Urban Development, U.P. Thus, in view of the facts, reasons and circumstances mentioned hereinabove, it is expedient in the interest of justice that this Hon'ble Court may graciously be pleased to dispose the matter in the light of the Government Order dated 13.09.2013 read with Government Order dated 24.09.2014 and Government Order dated 06.05.2016. Copies of Government Orders dated 13.09.2013, 24.09.2014 and 06.05.2016 are being filed herewith and marked collectively as ANNEXURE NO. CA-1 & & 3 to this affidavit." 5. A perusal of the stand taken by State-respondents evinces that the State does not deny that the additional stamp duty realized by it has to be passed on to the local body concerned. It's own case is that the same has to be done in light of Government Orders dated 13.09.2013, 24.09.2014 and 06.05.2016. The amount has not been released as according to the said respondents, the requisite financial approval has to be given by the concerned department and not by the Stamp and Registration Department. 6. Learned Standing Counsel states that the concerned administrative department for the petitioner would be the Department of Local Bodies and, therefore, the petitioner should approach the Director, Local Bodies. 7. Shri Manu Saxena, learned counsel for the petitioners very fairly states that the petitioners will approach the Director, Local Bodies for release of the amounts and direction be issued to the Director, Local Bodies to take decision within a fixed time frame. 8. Having regard to the facts of the case and the stand taken by respondents no. 1, 2, 3 and 6, we dispose of the instant writ petition with liberty to the petitioners to make a fresh representation before the Director, Local Bodies along with true attested copy of the instant order within two weeks from today and in which event, the same will be decided CAPL No. 5402 of 2026 3 by the Director, Local Bodies, Lucknow (respondent no.4 herein) within a period of eight weeks thence. 9. Hence, the writ petition stands disposed of". 2. Today, instructions have been produced deciding the claim of the applicant on 25.08.2026. 3. The said fact has not been disputed by the learned counsel for the applicant. A copy of the instructions have been forwarded to the learned counsel for the applicant. 4. Accordingly, the contempt application stands consigned to record, notices stand discharged. 5. Instructions have been filed today is taken on record and marked as Appendix-A. September 16, 2026 Neetu CAPL No. 5402 of 2026 4 (Vikas Budhwar,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad