Niaz Ahmed vs Ut Of Ladakh Th. Additional Deputy ...
2025 Latest Caselaw 843 J&K

Jammu & Kashmir High Court

Niaz Ahmed vs Ut Of Ladakh Th. Additional Deputy ... on 3 February, 2025

Author: Sindhu Sharma

Bench: Sindhu Sharma

                                                              Serial No. 01
                                                        Supplementary Causelist-I
                                                           (Through Virtual Mode)

        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU

                               WP(C) 149/2025
                               CM (310/2025)
Niaz Ahmed                                                      ...Petitioner(s)

Through: Mr. Pranav Kohli, Senior Advocate with
         Mr. Farhan Mirza, Advocate.

                                      Vs.


UT of Ladakh Th. Additional Deputy Commissioner/             ...Respondent(s)
Registrar Leh & Others.

Through: Mr. Suman Sudhan, Assisting Counsel vice
         Mr. Vishal Sharma, DSGI.
CORAM:
             HON'BLE MS. JUSTICE SINDHU SHARMA, JUDGE.
                                  ORDER

03.02.2025

01. The petitioner has assailed the summon issued by the respondent No. 1-Registrar (Additional Deputy Commissioner), Leh, vide order dated 25.11.2024, for non-implementation of the prescribed rates of stamp duty of Rs. 115918/- with regard to the family settlement deed/partition deed (Case

02. The learned senior counsel appearing on behalf of the petitioner submits that the Memorandum of Family Settlement dated 04.07.2019 was executed between the family members, as such, the impugned order seeking payment of stamp duty is not in accordance with law.

03. The learned senior counsel appearing on behalf of the petitioner while strengthening his arguments, placed reliance on the judgment passed by the Supreme Court in case titled "Kale and Others vs. Deputy Director of Consolidation and Others," reported as "(1976) 2 SCC 119" as also the judgment passed in case titled "Korukonda Chalapathi Rao vs Korukonda Annapurna Sampath Kumar" reported as "(2022) 15 SCC 475". It is submitted by the learned senior counsel that through the impugned summons, the respondents have sought payment of stamp duty of Family Settlement Deed/ Partition Deed, even though there is no partition deed executed between the petitioner and his family members till date

04. Issue notice to the respondents.

05. Mr. Suman Sudan, learned Assisting Counsel appearing vice Mr. Vishal Sharma, learned Deputy Solicitor General of India, accepts notice on behalf of the respondents. He seeks and is granted four weeks' time to file the response.

06. At the request of the learned counsel for the petitioner, list this case along with WP(C) 3099/2024 on 25.03.2025.

07. In the meantime, subject to objections from the other side and till the next date of hearing before the Bench, the impugned order dated 25.11.2024, shall stay.

Modification/Vacation/Alteration on motion.

(SINDHU SHARMA) JUDGE SRINAGAR:

03.02.2025 "HAMID"