A.S.J. Promoters And Developers ... vs State Of U.P. And 2 Others
2014 Latest Caselaw 7948 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 7
 
Case :- WRIT - C No. - 57346 of 2014
 
Petitioner :- A.S.J. Promoters And Developers Thru. A.K. Jain
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Nipun Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Suneet Kumar,J.

Heard learned counsel for the parties.

The petitioner has approached the Court challenging the order dated 27.05.2014 passed by the respondent no. 2, Additional Commissioner (Administration) Saharanpur Mandal, Saharanpur in Revision No. 15 of 2013-14 and order dated 24.02.2014 passed by respondent no. 3, Collector/District Magistrate, Muzaffarnagar in Case No. D 201409550029.

Submission of learned counsel for the petitioner is that the order dated 24.02.2014 passed by the Collector/District Magistrate is an ex parte order relying upon new facts, without confronting the petitioner with the inspection report. The sale deed is of 07.05.2012, whereas, the inspection was made on 20.12.2013, the Link Road was constructed after the execution of the sale deed. Learned counsel for the petitioner submits that the deficiency of stamp duty has already been deposited by the petitioner in the month of July, 2014 on different dates.

In such circumstances, without entering into the merits of the case and on the consent of the parties, it is provided that the respondent no. 3, Collector/District Magistrate, Muzaffarnagar shall pass fresh order after giving opportunity to the petitioner. The deficiency of the stamp duty already deposited shall abide by the decision of the respondent no. 3, Collector/District Magistrate, Muzaffarnagar. The impugned orders dated 27.05.2014 and 24.02.2014 are set aside.

Subject to the above, the writ petition is allowed.

Order Date :- 31.10.2014

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