Riyaz Qureshi v. State of U.P. and 2 Others

Court No. - 6 Case :- WRIT - C No. - 42088 of 2023 Petitioner :- Riyaz Qureshi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Paritosh Shukla,Shashwat Shukla Counsel for Respondent :- C.S.C. Hon'ble Mrs. Manju Rani Chauhan,J. Heard learned counsel for the petitioner and learned Standing Counsel for the respondents. This writ petition has been filed by the petitioner with a prayer to direct the respondent no.2 to decide the appeal bearing no.C-202218000001102 (Mohd. Kasim and others vs. State of U.P. through District Magistrate, Aligarh), under Section 56(1)(A) of Indian Stamp Act, which is pending before him. Learned counsel for the petitioner submits that the appeal filed under Section 56(1)(A) of Indian Stamp Act is pending before the respondent no.2 since 06.11.2022. Therefore, a direction may be issued to respondent no.2 to decide the appeal of the petitioner within stipulated period. Learned Standing Counsel does not dispute the aforesaid. Counsel for the parties agree that the writ petition may be disposed of finally at this stage without calling for a counter affidavit specifically in view of the order proposed to be passed today. In view of the aforesaid, without going into the merits of the case of the petitioner, this writ petition stands disposed of with a direction to the respondent no.2, i.e. Commissioner Stamp, Aligarh, Region Aligarh to decide the appeal bearing no.C-202218000001102 (Mohd. Kasim and others vs. State of U.P. through District Magistrate, Aligarh), on its own merit, in accordance with law, after hearing all the parties concerned, by a reasoned and speaking order, preferably within a period of four months from the date of production of certified copy of this order. It is made clear that this Court has not examined the merits of the case of the petitioner and the authority concerned shall apply its own mind strictly in accordance with law. Order Date :- 6.12.2023 Jitendra/- High Court of Judicature at Allahabad