Allahabad High Court
Chandra Pratap Singh vs State Of U.P. And 3 Others on 12 July, 2023
Author: Manju Rani Chauhan
Bench: Manju Rani Chauhan
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:141671 Court No. - 6 Case :- WRIT - C No. - 20301 of 2023 Petitioner :- Chandra Pratap Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Abhishek Tripathi,Vibhu Rai Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J.
Heard Mr. Vibhu Rai, learned counsel for the petitioner and learned Standing Counsel for the State.
With the consent of learned counsel for the parties, this writ petition is being finally disposed off at this stage without calling for a counter affidavit.
The present petition has been filed with the following prayers:-
"(i) Issue an appropriate writ, order or direction quashing the impugned recovery citation dated 27.05.2023 issued by respondent no.4 Tehsildar, Koil, Aligarh.
(ii) Issue an appropriate writ, order or directed commanding the Respondent No.2 to expeditiously decide the revision filed by the petitioner under Section 56(1) of Indian Stamp Act, 1899 bearing Case No. 687 of 2023 and Computer Case No.C202318000000687 (Chandra Pratap Singh Vs. State of U.P.) and till pendency, the respondents not to take any coercive measures against the petitioner."
Learned counsel for the petitioner submits that the statutory revision under Section 56(1) of Indian Stamp Act, 1899 bearing Case No. 687 of 2023 filed before respondent no.2 has been admitted, however, the stay application in the aforesaid case is still pending. Without realizing the same, the respondent no.4 have proceeded to issue recovery citation dated 27.05.2023. He further submits that once the revision has been admitted and the stay application before the revisional authority is pending, recovery citation cannot be issued as the same has serious consequences. In support of his submission, he has relied upon the judgement of Hon'ble Apex Court passed in Mool Chand Yadav And Anr. Vs. Raza Buland Sugar Company, 1982 3 SCC 484, wherein it has been held that during pendency of the revision the operation of an order having serious civil consequences must be suspended.
Learned Standing Counsel could not dispute the aforesaid fact.
In such circumstances, the writ petition is finally disposed off with a direction to the respondent no.2 Commissioner, Aligarh Division, Aligarh to decide the stay application of the petitioner, in accordance with law, after giving opportunities of hearing to the parties, by means of a reasoned and speaking order, preferably within a period of one month from today, if there is no legal impediment.
For the period of one month from today or till the stay application is decided, whichever is earlier, no coercive action shall be taken against the petitioner.
Order Date :- 12.7.2023 Arti