Court No. - 32
Case :- WRIT - C No. - 17106 of 2021 Petitioner :- Rakesh Sharma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Parvez Alam,Saqib Meezan Counsel for Respondent :- C.S.C.
Hon'ble Rohit Ranjan Agarwal,J.
1. Heard Sri Parvez Alam, learned counsel for petitioner and learned Standing Counsel for respondents.
2. This writ petition has been filed with the following prayer:
"i. Issue a writ order or direction in the nature of Mandamus directing the learned lower court below i.e. Court of Commissioner, Meerut Division, Meerut to decide the Stamp Appeal No. 05 of 2020 (01165 of 2020) (Rakesh Sharma Vs. State of U.P. through District Magistrate, Gautam Budh Nagar), expeditiously within stipulated time which this Hon'ble Court may fix.
ii. Issue a writ, order or direction in the nature of mandamus directing the Respondent Authorities not to take any coercive action against the petitioner with respect to the Recovery Certificate dated 01.02.2021, till the final decision of the Stamp Appeal No. 05 of 2020, pending before the court below (Commissioner, Meerut Division, Meerut)."
3. At the very outset learned counsel for the petitioner state that he is not pressing prayer (ii) and his prayer is only confined to relief no.(i).
It is contended that against the deficiency of stamp duty, an appeal has been preferred by the petitioner, which is pending consideration before the Commissioner, Meerut Division, Meerut since 2020. The sole prayer is for early decision on the aforesaid appeal.
4. As no useful purpose would be served in keeping this matter pending, without going into the merits of the case this writ petition is being decided at the admission stage itself without calling for any counter affidavit with the direction upon respondent no.2 to decide aforesaid appeal expeditiously, strictly in accordance with law, if there is no impediment in deciding the same, preferably within a period of two months from the date of receipt of a copy of this order downloaded from the website of this Court.
5. With the aforesaid direction, writ petition stands disposed of.
Order Date :- 28.7.2021 Kushal