Allahabad High Court
Prabhakant Pathak And Another vs State Of U.P. And Others on 27 January, 2010
Author: Abhinava Upadhya
Bench: Abhinava Upadhya
Court No. - 30 Case :- WRIT - C No. - 1737 of 2010 Petitioner :- Prabhakant Pathak And Another Respondent :- State Of U.P. And Others Petitioner Counsel :- M.N. Singh,Amol Ranjan Respondent Counsel :- C.S.C. Hon'ble Abhinava Upadhya,J.
Learned Standing Counsel prays for and is allowed a month's time to file the counter affidavit. The petitioner shall have one month thereafter to file the rejoinder affidavit.
List this case thereafter.
The question is to be decided as to whether the Stamp Act contemplates or recognizes industrial rates for any plot or any property or any industrial area would be covered under the heading of commercial property, the stamp applicable on commercial plot will be chargeable. Learned Standing Counsel will highlight this issue in the counter affidavit.
In the meantime, the recovery pursuant to the order passed under Sections 47-A(3) and 56(1-A) shall remain stayed provided the petitioner deposits 50% of the amount demanded in cash and for remaining furnishes security other than cash or bank guarantee to the satisfaction of the authority concerned, within a period of one month from today. Any amount already deposited towards the payment of the aforesaid demand shall be adjusted in calculating 50% that the petitioner has to deposit in cash.
Order Date :- 27.1.2010 pks