Court No. - 10
Case :- WRIT - C No. - 20406 of 2021 Petitioner :- M/S Bunela Rai Brick Fields Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jitendra Pratap Singh,Shiv Sagar Singh Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The instrument which was liable to be stamped had only allowed the petitioner to excavate soil in a certain portion of a certain land. A perusal of the impugned order shows that the authorities had held that there was a sale of soil taking place.
Learned counsel for the petitioner has submitted that the case of the petitioner was covered by the order dated 19.7.2021 passed in Writ-C No.14301 of 2021 (M/s. Swastik Brick Industry vs. State of U.P. & Ors.). He, therefore, submits that the impugned orders in the instant writ petition be also set aside and the matter be remitted to the Court below for an order to be passed afresh.
I have perused the records as also the impugned orders and I find that the case of the petitioner is absolutely similar to the case which was decided in Writ-C No.14301 of 2021.
Under such circumstances, the instant writ petition is also allowed in terms of the order dated 19.7.2021 passed in Writ-C No.14301 of 2021.
Order Date :- 24.8.2021 GS (Siddhartha Varma, J.)