PRATIBHA SINGH BAGHEL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Ravikant, learned senior counsel assisted by Sri M.C. Chaturvedi, learned counsel for the petitioner and Sri Sanjay Goswami, learned Additional Chief Standing Counsel along with Sri Ram Sewak Prajapati, learned standing counsel for the State-respondents.

(2.) The short point involved in this writ petition is as to whether, the U.P. Act No.22 of 1998 by which Article 5(b-1) of Schedule 1-B was amended w.e.f. 01.09.1998 will be applicable to an agreement to sell executed on 22.08.1998 or not.

(3.) The facts of the case in brief are that an agreement to sell was entered on 22.08.1998, which was presented for registration on 01.09.1998. In the meantime, the Indian Stamp (U.P. Amendment) 1997 (U.P. Act No.22 of 1998) was published in the Gazette on 31.08.1998 by which the clause (b-1) was added to Section 5 as under: