RAMESH CHANDRA SABOO Vs. COLLECTOR SONBHADRA

JUDGEMENT

(1.) S. N. Srivastava, J. Impugned order in the present writ petition is the order dated 21-4-2003 passed by Additional District Magistrate (Finance and Revenue), Sonbhadra, Annexure-7 to the writ petition, by which certificate dated 23 November, 2002 granted by Collector (Stamp) for payment of stamp of Rs. 18,440/- for registration of award of Rs. 18. 38 lacs was cancelled. An appeal preferred against the said order was held not maintainable.

(2.) HEARD learned Counsel for the petitioner and learned Standing Counsel.

(3.) AFTER considering arguments as well as materials on record, this Court is satisfied that before passing the impugned order by Additional District Magistrate (F and R ), no opportunity was given to petitioner. The averments made in paragraph 12 of the counter-affidavit do not mention any date of issuance of notice or its service or the date when steps were taken and also no relevant material/paper has been annexed with counter-affidavit to fortify the averments made in said paragraph of the counter- affidavit. The allegations in the said paragraph is vague and such allegations cannot be relied upon. Pleading in writ petition must be supported by materials.