Court No. - 39
Case :- WRIT - C No. - 14954 of 2019 Petitioner :- Hira Lal Rai Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Alok Kumar Srivastava Counsel for Respondent :- C.S.C.,Sunil Kumar Misra Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Petitioner is permitted to implead the Inspector General of Stamp, Kanpur Nagar in the array of respondents as respondent no. 7 today itself.
Heard Shri Alok Kumar Srivastava, learned counsel for the petitioner, learned standing counsel for the State - respondent nos. 1 & 7 and Shri Sunil Kumar Misra, for respondent nos. 2, 3 & 4.
The petitioner, in this writ petition, is seeking a direction to the respondents to execute freehold deed in favour of the petitioner in respect of House No. 2794, EWS, Awas Vikas No. 3, measuring an area 37.34 square meters, situated at Kalyanpur, District - Kanpur Nagar.
The petitioner appears to have purchased this house from the mother of the respondent nos. 5 & 6, who has died and in whose favour the initial allotment of the said house was made.
Shri Sunil Kumar Misra, learned counsel for the respondents submits that the freehold deed of the said house cannot be made in favour of the petitioner since the stamp duty, on the original sale in favour of the mother of respondent nos. 5 & 6, was not paid by her or by the respondent nos. 5 & 6.
The petitioner is stated to have taken possession of the said house under an agreement of sale dated 05.10.1989 from late (Smt.) Lilavati Devi, the mother of the respondent nos. 5 & 6, for a sale consideration of Rs. 29,521/-, on which advance money of Rs. 6,380/- was paid as advance. This would mean that the petitioner would have to pay stamp duty on the agreement of sale.
Shri Sunil Kumar Mishra further submits that the original allottee, namely, Smt. Lilavati Devi, never got done the registration of the house in question in her favour and therefore, without registration of the house in question, she could not have executed an agreement of sale in favour of the petitioner.
In our opinion, no useful purpose will be served by keeping the matter pending and these are the matters to be considered by the respondents themselves. We, therefore, dispose of this writ petition with a direction to the Inspector General of Stamp, Kanpur Nagar (the newly impleaded respondent no. 7) to take a decision in the matter with regard to stamp duty and communicate the same to the petitioner as well as the Secretary/Additional Residence Commissioner, U.P. Awas Ewam Vikas Parishad, Lucknow (the respondent no. 2) within a period of three months from the date of receipt of a certified copy of this order in his Office.
It is made clear that the Court has not adjudicated the claim of the petitioner on merits.
Order Date :- 30.4.2019 Amit Mishra