Smt. Satnam Kaur vs State Of U.P. Thru. Prin. Secy. Revenue ...
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Allahabad High Court

Smt. Satnam Kaur vs State Of U.P. Thru. Prin. Secy. Revenue ... on 27 May, 2024

Author: Manish Mathur

Bench: Manish Mathur

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:40083
 
Court No. - 17
 

 
Case :- WRIT - C No. - 4657 of 2024
 

 
Petitioner :- Smt. Satnam Kaur
 
Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Civil Sectt. Lko. And Others
 
Counsel for Petitioner :- Badri Prasad Singh,Nitin Padmesh Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.
 

Heard learned counsel for petitioner and learned State Counsel for opposite parties.

Petition has been filed seeking challenge to order dated 27th March, 2024 passed under Section 56 of the Stamp Act.

Learned counsel is granted liberty to amend the prayer clause to effect challenge to order dated 10th September, 2013 passed under Section 47-A of the Act during course of day.

Supplementary affidavit field on behalf of petitioner is taken on record.

Learned counsel for petitioner submits that a perusal of impugned order passed under Section 47-A would make it evident that proceedings were initiated in pursuance of spot inspection report dated 3rd March, 2012 but no further spot inspection report was ever brought on record indicating any subsequent spot inspection in terms of Rule 7(3)(C) of U.P. Stamp Valuation of Property Rules 1997.

It is submitted that such a ground was specifically taken in memorandum of appeal but has been cursorily dealt with in the appellate order. Learned counsel for petitioner has placed reliance on judgments rendered by this Court in the cases of case of Ram Khelawan alias Bachchha versus State of U.P. and others reported in 2005 (23) Lucknow Civil Decisions 1681 and in the case of Ganga Ram versus State of U.P. and others reported in 2020 (38) Lucknow Civil Decisions 1991 to submit that initial spot inspection report is adequate for initiating proceedings under Section 47-A of the Act but can not form the basis of the order.

Prima facie submissions advanced by learned counsel for petitioner have force and require consideration for which opposite parties are granted four weeks time to file counter affidavit.

List this case on 29th July, 2024.

Until further orders of this Court, the operation of orders dated 10th September, 2012 passed under section 47-A and the order dated 27th March, 2024 passed under Section 56 of the Act are hereby stayed.

Order Date :- 27.5.2024

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