Allahabad High Court
Ashish Kumar Agrawal vs State Of U.P. & Ors. on 30 July, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 33 Case :- WRIT - C No. - 44613 of 2010 Petitioner :- Ashish Kumar Agrawal Respondent :- State Of U.P. & Ors. Petitioner Counsel :- O.P. Singh Respondent Counsel :- C.S.C Hon'ble Pankaj Mithal,J.
In connection with the sale deed dated 20.7.07 document no. 1090 of 2007 proceedings under Section 47A of the Indian Stamp Act were undertaken. The District Stamp Officer/Collector vide order dated 16.7.08 determined the market value and the deficiency in payment of stamp duty and at the same time imposed a heavy penalty. The said order on appeal was set aside and the matter was remanded. After remand a fresh order to the same effect determining deficiency of stamp duty of Rs. 2,58,900/- and imposing penalty of Rs.5,17,000/- was passed. Against this order petitioner has filed an appeal no.12/M/2009-10 under Section 56 of the Act before the Commissioner and the same is pending consideration. In appeal an interim order was passed on 18.11.09 staying the realization of the balance deficient stamp duty as 1/3rd of it was deposited.
The grievance of the petitioner in the present writ petition is that his aforesaid appeal is not being decided and at the same time the stay order is not being extended and it is being insisted to submit security for the balance 2/3rd of the amount.
Learned Standing counsel has no objection, if suitable directions are issued for early disposal of the appeal.
In view of the facts and circumstances, the writ petition is disposed of with the direction to the Appellate Authority i.e. respondent no.2 to consider and decide the petitioner's aforesaid appeal in accordance with law as expeditiously as possible preferably within a period of one month from the date of production of the certified copy of this order which the petitioner undertakes to file within a week.
Order Date :- 30.7.2010 piyush