Court No. - 39
Case :- WRIT - C No. - 44398 of 2009 Petitioner :- Shri Vinayak Sahkari Awas Samiti Ltd. And Another Respondent :- State Of U.P. & Others Counsel for Petitioner :- Saroj Yadav,Raj Mohan Upadhyaya Counsel for Respondent :- C. S. C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Saroj Yadav, learned counsel for the petitioners and learned standing counsel for the respondent nos. 1, 2 and 3.
The petitioners in this writ petition are seeking quashing of the order dated 3.7.2009 passed by the respondent no.3. Further, prayer has been made that the photocopy of the sale deed dated 12.12.1995 be accepted as the original document in stamp proceedings.
Brief facts of the case as stated in the writ petition are that the sale deed was executed between one Tej Singh and the petitioners on 12.12.1995 for transferring Araji No. 162 area 1 bigha and 6 biswas situated in Mauja Babarpur, Tehsil and District Agra.
It is stated that the document was presented in the office of the sub-registrar and thereafter, it has not been returned for making good the deficiency of the stamp duty.
Reading of the impugned order shows that the records of the Sub-Registrar's office, as on 12.12.1995, were examined and it was found that the sale deed in respect of the land in question for Rs. 1,75,000/- was presented for registration, its receipt no.15 and details are also mentioned in the minute book.
It is stated that the petitioner has presented only the photocopy of the sale deed. The original sale deed is no longer available in the office of the Sub-Registrar and, therefore, it is not possible to return the original sale deed.
In our opinion, the original sale deed is not available and even after the best efforts of the respondent, the same cannot be traced out.
The matter regarding making good the deficiency of the stamp duty cannot be held up.
In view of the aforesaid, we do not find any error in the impugned order dated 3.7.1995.
However so far as the second relief for issuing a direction to the respondent no.3, Sub-Registrar, Tehsil Sadar District Agra to treat the photocopy of the sale deed 12.12.1995 as the original document, we dispose of this writ petition with the direction to the Sub-Registrar, District Agra, to examine the photocopy of the sale deed dated 12.12.1995, which has been presented in his office, pursuant to the direction issued by this Court in Writ Petition No. 35957 of 2008 and thereafter he shall pass an appropriate order in accordance with law within three months.
In compliance of the order of this Court dated 19.11.2018, Sri. Rakesh Kumar, ADM (Finance/Revenue) Agra is present in the Court. His personal appearance is dispensed with, unless specifically required by the Court.
Order Date :- 28.11.2018 Ashutosh Pandey