Allahabad High Court
Bharat Sanchar Nigam Limited Its ... vs State Of U.P. & Anr. on 29 July, 2010
Author: Pankaj Mithal
Bench: Pankaj Mithal
Court No. - 33 Case :- WRIT - C No. - 43934 of 2010 Petitioner :- Bharat Sanchar Nigam Limited Its General Manager Respondent :- State Of U.P. & Anr. Petitioner Counsel :- Subodh Kumar,Udit Chandra Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Heard Sri Udit Chandra with Sri Subodh Kumar learned counsel for the petitioner and the learned Standing counsel.
Learned counsel for the petitioner prays for and is allowed two weeks time to move an application to implead the owner of the land as one of the respondents.
The dispute in the present writ petition is whether the agreement dated 31.3.2001 is a lease deed or a licensee for the purposes of payment of stamp duty. The authorities below have held it to be a lease deed and has directed for charging stamp duty accordingly.
The submission of the learned counsel for the petitioner is that the writ petition involving similar controversy in respect of identical agreements are pending in the High Court and the matter is also drawing attention of the Supreme Court.
Learned Standing counsel prays for and is allowed six weeks for filing counter affidavit. Two weeks thereafter are allowed to the petitioner for filing rejoinder affidavit.
List thereafter along with writ petition no. 31367 of 2009.
Following the earlier interim orders passed by this Court in matters involving similar controversy it is provided that the operation of the impugned orders dated 28.2.2009 and 19.2.2010 shall remain stayed until further orders without any condition as the petitioner is quite solvent and always capable of paying the disputed amount in case writ petition is dismissed.
Order Date :- 29.7.2010 SKS