Court No. - 46
Case :- WRIT - C No. - 14209 of 2019 Petitioner :- Shiromani Sahkari Awas Samiti Limited And Another Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Rakesh Kumar Singh,Manu Khare Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard Sri Manu Khare, learned counsel for the petitioners, Sri Ratan Deep Mishra, learned Standing Counsel for respondent nos. 1 to 3 and Sri M.C. Chaturvedi, learned Additional Advocate General assisted by Sri S.C. Chaturvedi, learned counsel for respondent no.4.
The case of the petitioner is that there is society in the name of Shiromani Sahkari Awas Samiti Limited, Sector 14, Kaushambi, Ghaziabad which consist of several members and with the pool of money of members of the society, the society purchased 13.5 acres of land situated at Sector 14, Kaushambi, Ghaziabad through sale deed and thereafter, constructed about 83 flats over the said land. The society allotted the aforesaid flats to its members and now, the members of the society are occupants of the said flats.
It appears that respondent no.3 Assistant Stamp Commissioner, Ghaziabad has issued notice to the petitioners on 08.03.2018 asking them to get the flats registered in compliance of Apex Court order dated 10.09.2010 passed in S.L.P. No. 3625 of 2006. The said notice is impugned in the writ petition.
Learned counsel for the petitioners contends that flats have been purchased from the money contributed by the members of the society and at the time of purchase, the stamp duty as applicable was paid. In fact all the members are the owners of the flats being members of the society and the flats have been constructed by their own funds. Thus, the submission is that by the said notice, respondents are demanding for registration and payment of stamp duty which cannot be done as the petitioners cannot be charged stamp duty twice as the petitioners have already paid the stamp duty being members of the society for the purchase of land. The further submission is that the impugned notice is illegal and without jurisdiction and is in the teeth of the provisions of Registration Act as well as Stamp Act and Cooperative Societies Act.
Sri M.C. Chaturvedi, learned Additional Advocate General contends that writ petition at this stage is not maintainable inasmuch as it is only a notice given to the society and a final decision is yet to be taken. The petitioners may approach the competent authority and submit reply and the authorities concerned shall endeavour to decide the same as per law.
I have considered the rival submissions of the parties and perused the record.
The notice dated 08.03.2018 is only a show cause notice to the petitioners asking them to get the flats registered after payment of appropriate stamp duty as applicable. Since, it is a show cause notice which is impugned in the writ petition, therefore, this Court is not inclined to interfere with in the matter at this stage.
However, petitioners are permitted to submit reply to the competent authority within a period of two weeks from today, who shall pass an appropriate order after hearing the petitioners.
The writ petition is disposed off with the aforesaid observations.
Order Date :- 31.5.2019 Sattyarth