M/S Star Landcraft Private ... vs State Of U.P. And 4 Others
2023 Latest Caselaw 5477 ALL

Citation : 2023 Latest Caselaw 5477 ALL
Judgement Date : 17 February, 2023

Allahabad High Court

M/S Star Landcraft Private ... vs State Of U.P. And 4 Others on 17 February, 2023

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 777 of 2023
 

 
Petitioner :- M/S Star Landcraft Private Limited
 
Respondent :- State Of U.P. And 4 Others
 
Counsel for Petitioner :- Syed Fahim Ahmed
 
Counsel for Respondent :- CSC
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Petitioner has directly approached this Court against impugned order passed under Section 33 of Indian Stamp Act, 1899 without availing alternative remedy available under Section 56 of Act.

2. Learned counsel for petitioner has tried to argue that impugned order is ex facie illegal, therefore, there is no bar to approach this Court directly without availing alternative remedy. In support of submission learned counsel for petitioner placed reliance of this Court?s judgment in Smt. Vijaya Jain vs. State of U.P. and others, 2015 SCC OnLine All 8172 that some of the well settled exceptions to the rule of a petitioner being relegated to an alternative remedy are where the principles of natural justice have been violated or where orders are made without jurisdiction and that where there is an exorbitant and arbitrary demand by some authority.

3. However, after arguing for some time, learned counsel for petitioner fairly submits that petitioner will avail alternative remedy and further prayed that delay caused due to pendency of this writ petition may be condoned as well as appeal/ revision may be decided expeditiously.

4. Learned Standing Counsel appearing for State-Respondents has no objection to aforesaid prayer.

5. In view of above, without entering into merit of the case at this stage, this writ petition is disposed of with liberty to petitioner to avail alternative remedy and while considering application for condonation of delay, the concerned authority may take note of the period for which this writ petition is pending before this Court and it shall also take all endeavor to conclude proceedings expeditiously.

Order Date :- 17.2.2023