Court No. - 83
Case :- WRIT - C No. - 28164 of 2021 Petitioner :- Gaurav Jain And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ashish Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Jayant Banerji,J.
This petition has been filed with the following prayer:
"(A) Issue a writ, order or direction in the nature of certiorari quashing the impugned orders dated 28.08.2021 passed by respondent no.2 (Annexure No. 1) to this writ petition.
(B) to issue any other suitable writ, order or direction which the Hon'ble Court may deem fit and proper in the facts and circumstances of the instant case.
(C) To award costs of this petition to the petitioners."
A perusal of the Annexure No. 1, which is the document under challenge, shows that it is a notice that has been issued to the petitioners to appear in the Office of the Additional Collector (Finance and Revenue), Ghaziabad on 25.9.2021 and to deposit the due stamp duty and to furnish evidence, failing which, it would be assumed that the petitioners have nothing to say and thereafter, under the provisions of the Indian Stamp Act, action would be taken.
This petition being directed against a notice under the Stamp Act requiring the petitioner to furnish evidence. Thus, no writ can be issued for quashing of a notice as no cause of action has arisen.
This petition is misconceived and it is, accordingly, dismissed.
Order Date :- 28.10.2021 A. V. Singh