Court No. - 6
Case :- WRIT - C No. - 11114 of 2018 Petitioner :- M/S Rayana Enterprises Private Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pankaj Kumar Tyagi Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J.
The petitioner is permitted to implead the Collector, Muzaffarnagar, District Muzaffarnagar in the array of respondents as respondent no.4 today itself.
Heard Ms. Vatsala Upadhyay holding brief of Sri Pankaj Kumar Tyagi, learned counsel for the petitioner and the learned Standing Counsel for the State-Respondents.
The petitioner in the writ petition is seeking quashing of the orders dated 30.10.2017 and 06.04.2017 arising out of proceedings under the Indian Stamp Act, 1899.
Counsel for the petitioner has placed reliance upon a G.O. dated 10.1.2018 (Annexure-3 to the writ petition) which provides that if the petitioner deposits the deficiency of stamp duty with interest within the time frame given with the token penalty of Rs.10/- then the penalty imposed by the stamp authorities shall stand waived.
Learned counsel for the petitioner, therefore states that he may be permitted to approach the Collector for seeking the benefit of this G.O. which is stated to be available only in the months of January, February and March, 2018.
No useful purpose would be served by keeping this writ petition pending.
This writ petition is therefore disposed of with a direction that if the petitioner represents to the respondent no.4, Collector, Muzaffarnagar, District Muzaffarnagar alongwith certified copy of this order claiming the benefit, if available to him under the G.O. dated 10.1.2018, providing for Samadhan Yojna on or before 31st March, 2018, the same shall be decided by the respondent no.4 within three months from the date of receipt of the same.
The impugned orders shall be subject to any final order which may be passed by the respondent no.4, Collector, Muzaffarnagar, District Muzaffarnagar.
It is made clear that the court has not adjudicated the claim of the petitioner on merit.
Order Date :- 28.3.2018 N Tiwari