LAWS(ALL)-2007-7-19

MOHD YUSUF Vs. STATE OF U P

Decided On July 19, 2007
MOHD YUSUF Appellant
V/S
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

(1.) AMITAVA Lala, J. The issue is related to recovery of further stamp duty for a sum of Rs. 1,22,900 as per the order of the Registrar dated 10-7-2003.

(2.) THE fact remains that in an auction held by the authority, the petitioner was offered to run a slaughter house on payment of Rs. 5,30,000 as licence fee for five years w. e. f. 1-7-1998 to 1-7- 2003. After expiry of the earlier period of licence, a fresh auction was held when the offer was given for a sum of Rs. 7,00,000 which was the highest bid. This was made for a period of 5 years w. e. f. 5-2-2003 to 4-7-2008. An agreement was executed on 10-7-2003 on payment of stamp duty of Rs. 100/- on execution of the document. THEreafter a notice has been issued demanding a sum of Rs. 1,22,900. However, ultimately the Registrar held against the petitioner and demanded the said sum. Although the provision of appeal is available but since the question has been decided by this Court in the case reported in 2005 (98) RD 662, M/s. Strong Construction v. State of U. P. We cannot deviate from such order where hundreds of writ petitions were decided on the question of authority.

(3.) THUS the writ petition stands disposed of. However, no order is passed as to costs.