Allahabad High Court
Abhishek Malaviya vs D.I.G. Stamp Prayagraj on 11 August, 2023
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:163049-DB Court No. - 40 Case :- WRIT - C No. - 22792 of 2023 Petitioner :- Abhishek Malaviya Respondent :- D.I.G. Stamp Prayagraj Counsel for Petitioner :- In Person Counsel for Respondent :- C.S.C. Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard learned counsel for the petitioner and Shri Sharad Chandra Upadhyay, learned Standing Counsel.
2. In pith and substance, the petitioner has approached this Court for a direction to the District Magistrate concerned to permit to encash the stamp of Rs.2,28,000/- in favour of the petitioner.
3. Learned Standing Counsel has placed reliance on Section 53 of the Indian Stamp Act, 1899, which deals with the allowance for spoiled or misused stamps how to be made. For ready reference, Section 53 is quoted as under:-
"53. Allowance for spoiled or misused stamps how to be made.?In any case in which allowance is made for spoiled or misused stamps, the Collector may give in lieu thereof?
(a) other stamps of the same description and value; or
(b) if required and he thinks fit, stamps of any other description to the same amount in value; or
(c) at his discretion, the same value in money, deducting [ten naye paise] for each rupee or fraction of a rupee."
4. In this backdrop, learned Standing Counsel submits that the Collector is the competent authority to look into, examine and redress the grievance of the petitioner.
5. Considering the facts and circumstances of the case, without expressing any opinion on merits of the issue and with the consent, the writ petition stands disposed of with observation that in case the petitioner moves appropriate application ventilating his grievances before the Collector concerned within 15 days, we hope and trust that the same will be decided strictly in accordance with law and as per the provisions of Indian Stamp Act expeditiously.
Order Date :- 11.8.2023 SP/