ZAHEER ALAM Vs. COMMISSIONER SAHARANPUR

JUDGEMENT

(1.) The petitioner, by means of the present writ petition, has challenged the order dated 31.3.2001 passed by the Additional Commissioner, Stamp, Muzaffarnagar, whereby he has been directed to deposit a sum of Rs. 51000/- under Section 33 read with Section 40 B of the Stamp Act and the revisional order dated 30.4.2002 whereby his revision has been dismissed by the Commissioner, the respondent no. 1.

(2.) Shorn of, unnecessary details, short facts are that Nagar Palika Parishad, Khatauli held an auction for the grant of a contract in respect of Tehbazari for the year 1996-97. The petitioner has participated in the auction and he was the highest bidder. His bid for 3,51,000/- was accepted and an agreement was executed on a non judicial stamp costing Rs. 100/-.

(3.) Although, the petitioner has disputed the said agreement on the ground that it does not bear any signature either by the petitioner or by the Chairman, the Additional Commissioner Stamp issued a notice to the petitioner for deficiency of the stamp and the case was registered as case no. 81 of 2001 under the provision of the Indian Stamp Act. The petitioner has submitted his objection supported by an affidavit dated 31.3.2001. His objection was that no agreement was executed and only a simple agreement just to put the agreement in black and white was written on a non judicial stamp paper worth Rs. 100/-. The stand taken in the writ petition, the paragraph no. 4 of the writ petition is extracted herein below;