RAGHVENDRA NAYAK Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri K.K. Dubey, learned Counsel for the Petitioner and Sri K.M. Sahai, learned Standing Counsel who has accepted notice on behalf of all the Respondents.

(2.) On earlier occasion, learned Standing Counsel was permitted to obtain instructions. He has obtained instructions, specially with regard to the Government Order dated 12.1.2003. On the basis of the instructions so received he agrees for final disposal of the writ petition at the admission stage without entering into any controversy by filing counter-affidavit.

(3.) In respect of a sale-deed dated 29.6.2010 proceedings under Section 47-A of the Indian Stamp Act were initiated on the basis of the inspection report dated 31.8.2010. The Assistant Commissioner Stamp vide order dated 12.11.2010 determined the market value and the deficiency in stamp duty. The Petitioner on acquiring knowledge of the said order filed application dated 23.11.2010 for recall of the above order on the ground that it was passed ex parte without serving any notice upon him. The application was rejected on 26.11.2010. Petitioner's appeal against the orders dated 25.9.2010 and 26.11.2010 was dismissed by the Commissioner of the Division vide order dated 10.3.2011.