Court No. - 10
Case :- WRIT - C No. - 38956 of 2019 Petitioner :- Gwala Housing Private Limited Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mukesh Chandra Gupta Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.
Present petition has been filed with following prayers:-
I. Issue a writ, order or direction in the nature of mandamus directing/commanding to the District Magistrate / Collector Stamps (Finance and Revenue) Agra to refund the stamp duty of Rs. 6,60,000/- along with interest in pursuance of the order dated 11.12.2013 passed by Chief Controlling Revenue Authority Allahabad (order dated 11.12.2013 passed by the Chief Controlling Revenue Authority Allahabad is marked as Annexure No.3 to this writ petition).
II. Issue a writ, order or direction in the nature of mandamus commanding/directing to the District Magistrate/ Collector Stamps (Finance and Revenue) Agra to pass an appropriate order upon the applications filed by the petitioner in regarding to refund the stamp duty of Rs. 6,60,000/-, which has been deposited by the petitioner.
III. Issue a writ, order or direction in the nature of mandamus commanding/directing to the respondent concerned as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case.
IV. Allow, the writ petition award the cost of the petitioner.
Drawing attention to Annexure No.6 to the petition, learned Standing Counsel submitted that it is not known as to whether the appellate order was challenged by the authorities or not. Therefore, no such relief cannot be granted. Be that as it may, this Court is of the opinion all such facts can be considered by the respondent no.3-District Magistrate Agra/ Additional Collector (Finance and Revenue) Collector Stamps, Agra at the time of considering the grievance of the petitioner at the first instance.
Accordingly, present petition stands disposed of with liberty to petitioner to file a fresh application before the respondent no.3- District Magistrate Agra along with certified copy of this order, who shall decide the same preferably within a period of two months from the date of production of certified copy of this order on its own merits strictly in accordance with law, after making inquiry as to whether any challenge was raised to the order passed in favor of the petitioner. In case, it is found that the petitioner is entitled for the refund of the money necessary order shall also be passed.
With this observation, petition stands disposed of.
It is made clear that this Court has not considered the claim of the petitioner on merits.
Order Date :- 28.11.2019 Aditya