Court No. - 46
Case :- WRIT - C No. - 19580 of 2019 Petitioner :- Sunil Kumar Ahuja Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Saurabh Srivastava Counsel for Respondent :- C.S.C.
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State.
The petitioner has purchased plot no.59, E Block, Ispat Nagar Yojna, Kanpur ad-measuring 375 square meters.
It appears that a proceeding under Section 33/47A of Indian Stamp Act, 1956 numbered as Stamp Case No.77/69/2017-18 was initiated against the petitioner. The said case was transferred to the Assistant Commissioner (Stamp), Kanpur Nagar, who by order dated 15.05.2019 has determined the deficiency of Rs.3,53,910/- and imposed penalty of Rs.46,090/- and further, the petitioner is liable to pay the interest. The order dated 15.05.2019 is impugned in the present writ petition.
Learned Standing Counsel has raised a preliminary objection by contending that the petitioner has alternative remedy of appeal under Section 56A of Indian Stamp Act, 1956 therefore, the present writ petition is not maintainable.
It is not disputed that the petitioner has statutory alternative remedy of appeal under Section 56A of Indian Stamp Act, 1956 and hence, the writ petition is not maintainable.
The writ petition is dismissed with liberty to the petitioner to avail remedy in law.
Order Date :- 31.5.2019 S.Sharma