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Avdhesh Kumar and Others v. State of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. and Others

Disposed off/Decided on merits
Court
High Court of Judicature at Allahabad
Decided
22 June 2023
Bench
Dinesh Kumar Singh, Syed Qamar Hasan Rizvi
Case no.
5135/2023

Judgment

Court No. - 9 Case :- WRIT - C No. - 5135 of 2023 Petitioner :- Avdhesh Kumar And Others Respondent :- State Of U.P. Thru. Prin. Secy. Revenue Deptt. U.P. Civil Secrt. Lko. And Others Counsel for Petitioner :- Vaibhav Chauhan Counsel for Respondent :- C.S.C. Hon'ble Dinesh Kumar Singh,J. Hon'ble Syed Qamar Hasan Rizvi,J.

¶1Heard learned counsel for the petitioners as well as learned Additional Chief Standing Counsel for the State-respondents.

¶2The present writ petition has been filed under Article 226 of the Constitution of India with the prayer to issue a writ, order or direction in the nature of Certiorari thereby quashing the impugned recovery certificate dated 18.5.2023 for recovery of Rs. 26,38,150/- plus interest as well as to issue a writ, order or direction in the nature of Mandamus thereby commanding and directing the opposite parties not to make any recovery proceedings or recovery any amount from the petitioner in pursuance of the impugned recovery certificate dated 18.5.2023 during the pendency of Appeal No. 1140 of 2022 Indian Stamp Act before the Commissioner, Ayodhya Mandal Ayodhya.

¶3After arguing at some length, learned counsel for the petitioners, states that he would like to withdraw this writ petition and the same may be dismissed as such with liberty to be granted to the petitioners to approach the appropriate authority.

¶4We give liberty to the petitioners to make a request before the appellate authority seeking time for depositing 1/3rd of the alleged amount. The appellate authority concerned may pass an appropriate order on the said application.

¶5In view of above, the writ petition is hereby dismissed as withdrawn with liberty to the petitioners to approach appropriate authority seeking time to make statutory deposit as provided under Section 56 of the Indian Stamp Act. (Syed Qamar Hasan Rizvi,J.) (Dinesh Kumar Singh,J.) Order Date :- 22.6.2023/Arpan High Court of Judicature at Allahabad, Lucknow Bench

Source: High Court of Judicature at Allahabad, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.