Court No. - 46
Case :- WRIT - C No. - 17109 of 2019 Petitioner :- Harendra Singh Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Sandeep Kumar Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Supplementary affidavit filed today which is taken on record.
Heard Sri Sandeep Kumar Srivastava, learned counsel for the petitioner and Sri Ram Lakhan Devbansi, learned Standing Counsel.
The petitioner has purchased certain lands through sale deed dated 2.11.2018, on which the stamp duty as applicable was paid.
Further, the proceedings under Section 47-A of the Indian Stamp Act, 1899 was initiated by respondent no. 2 - District Magistrate, Bulandshahr, which was registered as case no. 2383 of 2018 (Computerized Case No. 0201811170002383), the respondent no. 2 by order dated 12.4.2019 determined the deficiency of stamp of Rs.7,36,200/- and also imposed penalty of Rs.21,00,000/- and further the petitioner is liable to pay the interest 1.5 percent per month. The said order is impugned in the writ petition.
Learned Standing Counsel submits that against the order impugned, there is alternative remedy of appeal under Section 56 (1-A) of the Indian Stamp Act and writ petition is liable to be dismissed on account of alternative remedy.
Be that as it may, it is not in dispute that against the order dated 12.4.2019 there is alternative remedy of appeal available to the petitioner under Section 56 (1-A) of the Indian Stamp Act, therefore, the writ petition is not maintainable and is, accordingly, dismissed on the ground of alternative remedy.
Order Date :- 31.5.2019 Ishan