ABDUL SALAM Vs. DY COMMR PRATAPGARH

JUDGEMENT

(1.) THIS petition has been filed by Sri Abdul Salam praying that the order dated 8th July, 1971 and order dated 16th August, 1971 passed by the opposite party No. 1 be quashed.

(2.) THE petitioner held a licence for selling stamp in the Civil Court compound, Pratapgarh, since 1963. On 28th April, 1971, the Inspector of Stamp and Registration, made inspection of the office of the Sub- Registrar, Pratapgarh and found that the petitioner had sold stamps worth Rs. 90/- to Shri Shital Prasad Singh for executing a sale-deed in favour of Shri Dwarika Singh in respect of some land. THE numbers of these stamps, their denominations and date on which they were purported to have been sold were as follows : 1. 132 Value 25/- Dated 26-9-1970 2. 133 Value 25/- Dated 27-9-1970

(3.) THE Deputy Commissioner, Pratapgarh forwarded the report of the Inspector of Stamp and Registration to the District Stamp Officer for inquiry. THE District Stamp Officer issued a notice to the petitioner to appear before him with all the papers on 17th June, 1971. Having heard the petitioner and having examined his papers, the District Stamp Officer submitted a report to the Dy. Commissioner stating that in his opinion all the four stamps on which the sale-deed dated 29th September, 1970 was scribed were sold on the same date, similarly all the four stamps on which the sale-deed dated 3rd October, 1970 was scribed were sold on one and the same date, and that Abdul Salam thus violated the condition of his licence. THE Deputy Commissioner concurred with the findings of the District Stamp Officer and in the result, cancelled the licence of the petitioner by his order dated 8th July, 1971. THE petitioner then submitted a representation dated 23rd July, 1971 to the Deputy Commissioner wherein he said that his licence had been cancelled without show cause opportunity having been given to him. This was rejected by the Deputy Commissioner vide his order dated 16th August, 1971. THE petitioner, by the present writ petition, has challenged both the orders viz. order dated 8th July, 1971 as also that passed on 16th August, 1971.