Learned counsel for the petitioner submitted that the issue involved in the present writ petition is squarely covered by the Division Bench decision of this Court in Writ Petition No. 36087 of 1994 (Tajveer Singh and others Vs. State of U.P. and others), reported in 1997 (2) AWC 1029 and Writ Petition No.35097 (M/s. Strong Construction Vs. State of U.P. and others), decided on 22.3.2005 wherein it has been held that the agreement be executed under Article 57 Schedule 1B of the Stamps Act on the stamp paper of Rs.100/-.
Learned Standing Counsel states that against the decision of the Division Bench in the case of M/s. Strong Construction Vs. State of U.P. and others, the State of U.P. has filed Special Leave Petition, which is pending. He, further admitted that no interim order has been passed. In the circumstances, he prays for and is granted four weeks time to file counter affidavit.
Meanwhile, as an interim measure, respondent nos. 3 & 4 are directed to execute the agreement on the stamp paper of Rs.100/- and a bond/affidavit be obtained from the petitioner that in case Special Leave Petition is decided in favour of the State of U.P. then the entire amount shall be paid.
Order Date :- 24.11.2010 OP