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2. The petitioner assails the impugned order dated 17.5.2018 of the learned Additional District Judge, North-East-01, Karkardooma in CS No.476298/2015 vide which it has been observed inter alia to the effect that in relation to the direction of the Court in the proceedings of the suit pursuant to impounding of documents filed by the plaintiff of the said suit under Section 33 of the Indian Stamps Act with direction to the plaintiff thereof to file the penalty amount with ten times of the stamp duty the directions to the Revenue Collector for recovery of the amount from the plaintiff, the same were not complied with in terms of the said order till the period when the SDM (Seelampur) appeared before the learned Trial Court on 3.8.2017 and submitted that that process for recovery of the Stamp Duty and penalty had been initiated and had subsequently been complied with. It has been observed vide the impugned order to the effect that a report had been called from the office of DC concerned qua the show cause notice to appear before the learned Trial Court in person and to explain as to why there had been no previous compliance which had been called for in terms of order dated 21.3.2017 when the reminders had been issued in terms of order dated 16.8.2016.

prosecution in the event of non-compliance, with the matter having been renotified for the date 2.5.2015.

5. The proceedings dated 2.5.2015 indicate that Advocates were apparently abstaining from appearance and thus no adverse orders had been passed against any of the parties for their non-appearance and the matter was renotified for a last and final opportunity in terms of the previous order for the date 6.7.2015 for the compliance of the payment of the penalty amount and the court fees qua the impounding documents filed by the plaintiff.

17. Vide the proceedings dated 21.3.2017, the representative of SDM (Karawal Nagar) was present stating that nothing had been received of any kind in his office.

18. The proceedings dated 21.3.2017 of the learned Trial Court observed to the effect that the record showed that some documents were impounded and were sent to the Revenue Collector, DC, North-East on 23.8.2016 and since the stamp duty was to be recovered by the SDM concerned there was a possibility that the document might have been referred to the SDM for doing the necessary action and it was informed by the representative of the SDM that the property fell in the area of SDM (Seelampur) and the documents might have been gone there and was directed to check the record of his office and coordinate with the office of DC, North East to ensure that the report was received and reminders were issued to the DC concerned to submit the report regarding recovery of Stamp duty pursuant to the order which had been duly received in his office on 23.8.2016.

25. Pursuant to the show cause notice issued on 27.2.2018 to the concerned DC (North-East), Mr.K.Mahesh, DC (North- East) to appear with the copy of the order dated 27.2.2017 having been given to Mr.Devender Kumar, SDM, Yamuna Vihar, before the learned Trial Court on 4.4.2018, it was reported by the SDM Yamuna Vihar that all the original documents impounded by the Court vide order dated 19.2.2015 were not available on the record and that the further proceedings regarding realization of the deficient Court fees and penalty amount shall be taken in due course and the DC (North- East) and Shahdara Sh. K. Mahesh sought time to submit the complete reply to the show cause notice issued to him vide order dated 27.2.2018 and was also called upon to furnish all the details of the previous officials who were supposed to comply with the orders dated 19.2.2015 and 28.9.2016 to be submitted by the SDM for the date 17.5.2018 with copy of the order having been given dasti to the DC and the SDM concerned for necessary information and compliance.