Court No. - 6
Case :- WRIT - C No. - 7359 of 2018 Petitioner :- Jai Prakash Agarwal Respondent :- State Of U.P. Lucknow And 4 Others Counsel for Petitioner :- Om Prakash Rai Counsel for Respondent :- C.S.C.,Pranjal Mehrotra
Hon'ble B. Amit Sthalekar,J.
Heard Shri Om Prakash Rai, learned counsel for the petitioner, Sri Pranjal Mehrotra, learned counsel for the respondent no.4 and the learned standing counsel for the respondents.
According to the petitioner the land has been acquired by the National Highway Authority of India under the N.H.A. I. Act, 1956 and in terms of the State Government G.O. dated 2.6.2011, clause 5 thereof, Annexure-1 to the writ petition, the petitioners have also purchased agricultural land within the State of U.P. and, therefore, they are entitled to exemption from stamp duty. Reference has also been made to the letter of the Addl. Commissioner, Stamp on 23.8.2017, Annexure-7 to the writ petition in which it is mentioned that the land which is acquired for the railways (Central Government) and the persons whose land have been acquired, if they purchase agricultural land within the State of U.P. within one year, have been given exemption from stamp duty and therefore the Addl. Commissioner has sought instructions from the National Highway Authority of India, New Delhi. In this regard the District Magistrate wrote a letter dated 8.8.2017, Annexure-8 to the writ petition to the Principal Secretary, Stamp and Registration, U.P. Lucknow seeking instructions.
In my opinion no useful purpose would be served in keeping this writ petition pending.
This writ petition is, therefore, disposed of with a direction to the respondent no. 1-. Principal Secretary, Stamp and Registration, U.P. Lucknow to examine the matter and take a decision in accordance with law having regard to the State Government's G.O. dated 2.6.2011 as well as the letter of the Additional Commissioner and the District Magistrate, Hapur referred to herein above within a period of three months from the date of receipt of the certified copy of this order. The Principal Secretary may also seek the version of the NHAI from them before any decision is taken.
It is made clear that the court has not adjudicated the claim of the petitioner on merit.
Order Date :- 26.2.2018/Kirti