Allahabad High Court
Mo. Sufiyan vs Collector / D.M., Gonda And Others on 24 May, 2022
Author: Rakesh Srivastava
Bench: Rakesh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 3 Case :- WRIT - C No. - 2870 of 2022 Petitioner :- Mo. Sufiyan Respondent :- Collector / D.M., Gonda And Others Counsel for Petitioner :- Deepti Gupta Counsel for Respondent :- C.S.C. Hon'ble Rakesh Srivastava,J.
Hon'ble Ajai Kumar Srivastava-I,J.
This writ petition has been filed inter alia praying for the following reliefs:-
"(i) Issue a writ order or direction in the nature of certiorari to quash the recovery certificate (R.C. Prapatra-41) issued by Opposite Party No. 1&2 dated 31.03.2022 for deficiency in stamp in purchasing the land Gata No. 605 of Khata No. 103 admeasuring area 3.5280 situated at Village-Ahirauli, Budhapar, Pargana & Tehsil-Mankapur, District Gonda, (contained as Annexure No.1) in the interest of justice.
(ii) Issue a writ order or direction in the nature of Mandamus thereby commanding the Opposite parties to stay the further proceeding in pursuance of recovery certificate (R.C. Prapatra-41) issued by Opposite Party No. 1&2 dated 31.03.2022 for deficiency in stamp in purchasing the land Gata No. 605 of Khata No. 103 admeasuring area 3.5280 situated at Village-Ahirauli, Budhapar, Pargana & Tehsil-Mankapur, District Gonda (contained as Annexure No.1), in the interest of justice."
Learned Standing Counsel appearing for the State-Respondents has raised a preliminary objection regarding the maintainability of the writ petition. It has been submitted that the order passed in Appeal No.C202108000000158 under Section 56(1-A) of Indian Stamp Act, 1899 is not under challenge in the present writ petition. The recovery order under challenge is a consequential order of recovery. As such, this writ petition is not maintainable.
At this stage, Ms. Deepti Gupta, learned counsel for the Petitioner states that the petitioner be permitted to withdraw the writ petition as he intends to challenge the order passed in the appeal mentioned above.
Accordingly, the writ petition is dismissed as withdrawn.
Order Date :- 24.5.2022 cks/-
(Ajai Kumar Srivastava-I, J.) (Rakesh Srivastava, J.)