Court No. - 42
Case :- WRIT - C No. - 13107 of 2021 Petitioner :- Smt. Sameera Khan Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jamal Ahmad Khan,Afzal Ahmad Khan Durrani Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order dated 22.12.2020 passed by the respondent no. 2 in Case No. 00585 of 2019 (State vs. Sameera Khan) under Section 47A of Indian Stamp Act, 1899.
The petitioner has alternative remedy by way of filing appeal.
At this stage, learned counsel for the petitions submits that the appeal may be time barred.
However, in the interest of justice, it is provided that in case the petitioner files appeal as per statutory provisions by making deposit of the requisite amount for the purpose of filing appeal within a period of three weeks, the same shall be entertained by the appellate authority without raising objection regarding limitation.
It is made clear that this Court has not considered the claim of the petitioner on merits.
Any amount already deposited by the petitioner shall be adjusted in the amount which is directed to be deposited by the petitioners under the present order passed by this Court.
Present petition stands dismissed with the observations as made above.
Order Date :- 22.9.2021 Lalit Shukla Digitally signed by VIVEK KUMAR BIRLA Date: 2021.09.22 13:13:41 IST Reason: Document Owner Location: High Court of Judicature at Allahabad