Court No. - 10
Case :- WRIT - C No. - 17497 of 2021 Petitioner :- M/S M.S.A.K.Ybrick Industry Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Jitendra Pratap Singh,Shiv Sagar Singh Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
Instructions as have been received by the learned Standing Counsel, filed today be kept on record.
The instrument which was liable to be stamped had only allowed the petitioner to excavate soil in a certain portion of a certain land. A perusal of the impugned order shows that the authorities had held that there was a sale of soil taking place.
Learned counsel for the petitioner has submitted that the case of the petitioner was covered by the order dated 19.7.2021 passed in Writ-C No.14301 of 2021 (M/s. Swastik Brick Industry vs. State of U.P. & Ors.). He, therefore, submits that the impugned orders in the instant writ petition be also set aside and the matter be remitted to the Court below for an order to be passed afresh.
I have perused the records including the instructions dated 11.08.2021 as also the impugned orders and I find that the case of the petitioner is absolutely similar to the case which was decided in Writ-C No.14301 of 2021.
Under such circumstances, the instant writ petition is also allowed in terms of the order dated 19.7.2021 passed in Writ-C No.14301 of 2021.
Order Date :- 13.8.2021 Siddhant