MOHAMMAD ALI Vs. BOARD OF REVENUE ALLAHABAD

JUDGEMENT

(1.) By means of this writ petition the petitioner has prayed for quashing the order of the Chief Controlling Revenue Authority dated 8-12-1978 contained in Annexure '6' attached with the writ petition and also the order dated 18-1-1975 passed by the Collector, Nainital contained in Annexure '5' attached with the writ petition.

(2.) The petitioner was the highest bidder and had offered Rs. 42,000/- as the Tahbazari in auction of Town Market at Kichha, Nainital for the period from 1st April, 1972 to 31st March, 1973. A deed of agreement was executed as is evident from the term of the deed contained in Annexure '1' attached with the writ petition.

(3.) It appears that on the report of the Stamp Inspector it was detected that the deed of agreement contained in Annexure '1' attached with the writ petition was deficiently stamped. Therefore the deficient stamp to the tune of Rs. 2727.25P. as well as the fine of Rs. 272-40P. was reported to be realised from the petitioner and information was sent by the Town Area Committee to the petitioner as is evident from Annexure '3' attached with the writ petition. The petitioner through his counsel Sri I.N. Tandon sent a reply to the Administrator, Town Area Committee asserting that the requisite stamp duty had been affixed upon the agreement and the agreement could not be termed as bond nor the deficient amount of stamp as indicated nor penalty could be realised from the petitioner. If any amount is taken the petitioner shall defend himself and would be legally entitled to recover costs from the Town Area. Annexure '5' is the order passed by the Collector, Nainital. Against the order of the Collector, Nainital the petitioner had preferred a revision petition which has been dismissed by the Chief Controlling Revenue Authority through Annexure '6'. Aggrieved by the orders contained in Annexures '5' and '6' aforesaid the petitioner has approached this Court under Art.226 of the Constitution.