Court No. - 30
Case :- WRIT - C No. - 41824 of 2018 Petitioner :- Nurullah Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Pradeep Kumar Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Supplementary affidavit filed today is taken on record.
Present petition has been filed seeking direction to the respondent no. 2 to decide the stay application in recall application dated 20.11.2018 filed by the petitioner in Case No. D2017054701082 (State vs. Nurulla) under Section 47A/33 of India Stamp Act.
Submission of learned counsel for the petitioner is that he has not received any notice and further claims that the stamp duty is not at all payable in the present case and points out that although a recall application is pending, however, date for auction has been fixed without disclosing of the recall application.
Per contra, learned Standing Counsel has supported the impugned order and submitted that the notice was duly served on the petitioner as reflected from the order dated 27.1.2018.
I have considered the submissions and have perused the record.
I find that one opportunity may be granted to the petitioner to present his case as the date fixed for auction is 7.1.2019.
In such view of the matter, it is provided that the recall application of the petitioner be decided within a period of 15 days from the date of production of a certified copy of this order before the authority concerned. For a period of 20 days or till the disposal of the recall application, whichever is earlier, the operation of the impugned dated 27.1.2018 and the auction proceedings in pursuance thereof shall remain in abeyance and shall be subject to final order passed by the respondent no. 2-Additional District Magistrate (Finance), Maharajganj.
It is made clear that this Court has not examined the claimed of the petitioner on merits and the recall application shall be considered by the authority concerned on its own merits.
With the aforesaid observations, present petition stands disposed of.
Order Date :- 18.12.2018 Lalit Shukla