Court No. - 10
Case :- WRIT - C No. - 38958 of 2019 Petitioner :- Ajay Pratap Singh Respondent :- State of U.P. and Another Counsel for Petitioner :- Bhawna Verma,Aradhana Singh,Siya Ram Verma Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard Ms. Aradhana Singh, learned counsel for the petitioner and Sri Ratan Deep Mishra, learned Standing Counsel appearing for the State- respondents.
Present petition has been filed with following prayers:-
I. To issue a writ, order or direction in the nature of certiorari quashing the impugned notice (R.C. Form-41) (undated) (filed as Annexure No.2 to this writ petition) issued by the respondent No.2 and pasted at the house of the petitioner as well as the entire proceedings in pursuance thereof.
II. To issue a writ, order or direction in the nature of mandamus restraining the respondents from adopting any coercive measure against the petitioner pursuant to the aforesaid impugned notice (R.C. From-41) (undated) issued by the respondent no.2 and pasted at the house of the petitioner.
III. To issue a writ, order or direction in the nature of mandamus permitting the petitioner to pay the actual deficient stamp duty in easy installments excluding the penalty & interest etc.
IV. To issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case.
V. To ward cost of the writ petition to the petitioner.
Prayer-3 clearly reflects that the petitioner is willing to pay the amount which is sought to be recovered from the petitioner and she submits that he may be granted some time for depositing the same.
Submission of learned counsel for the petitioner is that an ex parte order dated 5.10.2012 was passed by the Collector under Section 47-A of the Stamp Act and drawing attention to paragraph-7 of the petition, it is submitted that the respondent authorities served the undated notice of recovery (R.C. Form- 41) by pasting on the house of the petitioner. Submission is that without going into any further arguments the petitioner is willing to pay the amount that has been sought to be recovered.
In view of this admitted position, it is provided that in case the amount which is sought to be recovered under the order dated 5.10.2012 passed by the Collector and the recovery certificate, Annexure no.2 to this petition is deposited within a period of two months from today, no coercive action shall be taken against the petitioner. It is, however, made clear that in case the amount is not deposited within the aforesaid period, the authorities are at liberty to proceed in accordance with law.
With this observation, present petition stands disposed of.
In view of the prayer 1 and 2, submission made by learned counsel for the petitioner there is no reason to consider the prayer for quashing the impugned order.
Order Date :- 28.11.2019 Aditya