1. Heard learned counsel for parties.
2. Present writ petition is filed by petitioner challenging the order dated 16.05.2018 whereby the appellate authority under the Stamp Act has required the petitioner to deposit 1/3rd of the amount of the impugned order in appeal.
3. Submission of learned counsel for petitioner is that under the Stamp Act, the first charge upon the property is of the stamp duty and in case anything is decided against the petitioner, the State would be able to recover the amount from the property itself. Therefore, petitioner may be exempted from the deposit of 1/3rd of the amount under the impugned order. Learned counsel for petitioner further submits that petitioner is very poor and at present he is not in a position to deposit the said amount. He is so poor that he had to collect money from others to approach this Court.
4. Looking into the aforesaid facts and circumstances of the case, I find force in the submissions of counsel for petitioner.
5. In view thereof, the order dated 16.05.2018 is modified to the extent that appeal of petitioner will be decided by respondent no.1 Additional Commissioner Stamp Lucknow Division Lucknow, without insisting for deposit of 1/3rd of the amount, on merits in accordance with law, by a reasoned and speaking order, within a period of three months from the date a certified copy of this order is placed before the appellate authority.
6. With the aforesaid directions, present writ petition is disposed of.
Order Date :- 27.8.2019/Arti-
(Vivek Chaudhary,J.)