Court No. - 30
Case :- WRIT - C No. - 6863 of 2019 Petitioner :- Rajesh Jaiswal And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Pawan Kumar Mishra,Ajay Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri N.L. Maurya, learned Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking quashing of the impugned order dated 18.1.2016 and the recovery certificate dated 20.8.2018 passed by the respondent no. 2, the Assistant Commissioner Stamp/Collector Stamp, Gorakhpur passed in Case No. 253 of 2015-16, State Vs. Rajesh Jaiswal filed as Annexure-1 to the writ petition.
Admittedly the order passed by the Assistant Collector is dated 18.1.2016 and the recovery certificate was issued on the basis of the aforesaid order on 20.8.2018 and admittedly the petitioner has not availed the remedy under Section 56 of the Indian Stamp Act, therefore, there is no reason to quash the recovery certificate issued against the same as the original order was never challenged by the petitioner and was final in nature at the time of issuance of recovery certificate. Against the order passed by the Assistant Commissioner I am not inclined to entertain the present writ petition. For that purpose, the petitioner is at liberty to avail the remedy as may be available to him, in accordance with law.
This writ petition is, accordingly, dismissed. No order as to costs.
Order Date :- 26.2.2019 p.s.