Court No. - 30
Case :- WRIT - C No. - 36066 of 2018 Petitioner :- Rajesh Kumar Respondent :- Chief Controller Revenue Authority And 7 Others Counsel for Petitioner :- Sanjay Kr. Srivastava,Ajay Kr. Srivastava 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.
Present petition has been filed for quashing the order dated 20.4.2016 passed by the respondent no. 1 in Appeal No. 16 of 2016 (Smt. Rajeshwari Devi and others vs. State of U.P.).
Admittedly, the petitioner is only a complainant, who has filed a complaint regarding some deficiency in the stamp fees and it appears that on his complaint proceedings were initiated against the respondent nos. 3 to 8 under Section 47-A (3) of the Indian Stamp Act, 1899, whereby the Collector vide its order dated 17.12.2015 found deficiency in stamp and also imposed penalty. The aforesaid penalty was set aside by the impugned order dated 20.4.2016 passed by the appellate authority.
The Stamp Reporter has reported laches of 2 years and 99 days in filing the present petition.
Explanation given in paragraph 21 of the petition that the petitioner could not pursue the matter due to sad demise of his mother is not sufficient and even the date of death has not been given.
In any view of the matter, the petitioner is only a complainant and as such the present petition is patently misconceived and is not maintainable at the instance of the petitioner, the same is accordingly dismissed on the ground of maintainability.
Order Date :- 30.10.2018 Lalit Shukla