Vinod Kumar Pandey S/O Beni Madhav ... vs State Of U.P. Thru Secretary ...
2022 Latest Caselaw 19395 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- WRIT - C No. - 1007206 of 2010
 

 
Petitioner :- Vinod Kumar Pandey S/O Beni Madhav Pandey
 
Respondent :- State Of U.P. Thru Secretary Institutional Finance And Ors.
 
Counsel for Petitioner :- J.B. Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner and learned Standing Counsel.

Instant petition has been filed praying for quashing of the order dated 30.08.2010, a copy of which is Annexure-1 to the petition, whereby the competent authority has required the petitioner to pay stamp duty of Rs.43040/- against the security deposit. A further prayer is for a direction to the respondents to refund the statutory deposit of Rs.15000/-.

There is consensus at bar that the matter is squarely covered by the Division Bench judgment of this Court passed in Civil Misc. Writ Petition No.35096 of 2004 in re: M/s Strong Construction vs. State of U.P. and others, decided on 22.03.2005. It is also contended that another Division Bench of this Court in the case of Vinay Road Lines vs. State of U.P. and others in Misc. Bench No.10967 of 2010 decided on 11.11.2010 has also considered the said issue and has granted the benefit to the persons similarly circumstanced.

Considering the judgment of this Court in the case of M/s Strong Construction (supra), the impugned order dated 30.08.2010 is quashed. The petitioner of the instant petition shall also be entitled for the benefit of the judgment in the case of M/s Strong Construction (supra).

Consequences to follow.

Order Date :- 1.12.2022

A. Katiyar