Allahabad High Court
Supreme Court Bar Association Multi ... vs State Of U P And 5 Others on 2 March, 2023
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 4159 of 2023 Petitioner :- Supreme Court Bar Association Multi State Cooperative Group Housing Society Ltd. And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Ashutosh Mishra Counsel for Respondent :- C.S.C.,A.S.G.I.,Kaushalendra Nath Singh Hon'ble Saurabh Shyam Shamshery,J.
Heard Sri Ashok Mehta, Senior Advocate, assisted by Sri Ashutosh Mishra, learned counsel for petitioners and learned Standing Counsel appearing on behalf of State-respondents.
Learned Senior counsel submits that issue is settled in favour of petitioner by a judgment passed by Supreme Court in case of Residents Welfare Association, Noida vs. State of U.P. and others, (2009) 14 SCC 716 that in case of an assignment, the Stamp duty will not be paid according to market rate.
Learned counsel further submits that in paragraph number 16 of representation above referred judgment was specifically referred, however, the State while passing impugned order dated 09.06.2022 has not considered the effect of said judgment and passed the impugned order against petitioners considering other judgments.
Learned Standing Counsel for State fairly submits that it appears that effect of judgment Residents Welfare Association, Noida(supra) was not taken note by State.
Considering the above submissions as well as taking note of Residents Welfare Association, Noida(supra), impugned order dated 09.06.2022 is set aside and matter is remanded back to State for fresh consideration and Principal Secretary(Revenue) is directed to pass a fresh order after taking note of Residents Welfare Association, Noida(supra) expeditiously prefereably within a period of four weeks and if necessary both parties can be heard on this issue also.
With the aforesaid observation, this writ petition is disposed of.
Order Date :- 2.3.2023 P. Pandey