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Allahabad High Court

Tula Ram Shukla vs State Of U.P.,Thru. Collector, ... on 29 July, 2010

Author: Devi Prasad Singh

Bench: Devi Prasad Singh

Court No. - 27

Case :- MISC. BENCH No. - 7112 of 2010

Petitioner :- Tula Ram Shukla
Respondent :- State Of U.P.,Thru. Collector, Bahriach & Others
Petitioner Counsel :- N.R. Tripathi
Respondent Counsel :- C.S.C.

Hon'ble Devi Prasad Singh,J.

Hon'ble Dr. Satish Chandra,J.

Heard parties counsel and perused record.

Grievance of the petitioner is that the appeal of the petitioner with regard to deficiency in stamp duty is pending before the Divisional Commissioner. Submission is that during pendency of appeal, the respondents are not entitled to proceed with the recovery of dues in question.

Since the appeal is pending, it shall be appropriate not to entertain the present writ petition. However, it is provided that the application in the appeal, shall be decided within a month by the authority concerned. For a period of one month or till disposal of the application, whichever is earlier, the status quo shall be maintained. The competent authority is further directed to decide the appeal on merit within three months from the date of receipt of a certified copy of this order.

Subject to above, the writ petition is finally disposed of.

Order Date :- 29.7.2010 Rajneesh)