Court No. - 36
Case :- WRIT - C No. - 19797 of 2019 Petitioner :- Manu Bhatia Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Abhinav Prasad,Mohit Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ajay Bhanot,J.
By the order dated 14.02.2019 passed in Case no. 00350 of 2018 (State Vs Manu Bhatia) in proceedings under Section 47- A of the Indian Stamp Act, 1899 the petitioner was found liable for the payment of deficient stamp fee. The order also imposed penalty on the petitioner. Aggrieved the petitioner carried the order passed by the Revenue authority in appeal. The appeal was instituted as Stamp Appeal no. 795 of 2019 (Manu Bhatia Vs State of U.P.) under Section 56 of the Indian Stamp Act, 1899 before the Chief Controlling Revenue Authority/Board of Revenue, Allahabad. The petitioner also submitted a stay application in support of the memo of appeal. The appellate authority had summoned the record of the Trial Court by order dated 25.03.2019.
Sri Mohit Kumar, learned counsel for the petitioner confines his prayer to challenge made out to the recovery citation dated 27.05.2019. He does not press the other prayers of the writ petition. The submission of learned counsel for the petitioner is that the appellate authority has not decided the stay application filed by the petitioner till date. In case, the recovery is made good the appeal would be rendered infructuous.
I see merit in the submission made by learned counsel for the petitioner.
Recovery proceedings against the petitioner shall remain stayed for a period of two months. The Board of Revenue shall decide the interim application submitted by the petitioner in Stamp Appeal no. 795 of 2019 (Manu Bhatia Vs State of U.P.) within a period of two months.
The writ petition is disposed of.
Order Date :- 4.6.2019 Pravin