SUDHISH KUMAR SINGH Vs. STATE OF U P

JUDGEMENT

(1.) BY means of the present petition, the petitioner has sought a writ, order or direction for quashing the order dated 3.11.2008 passed by the District Magistrate, Aligarh as contained in Annexure 1 to the writ petition.

(2.) THE proceedings giving rise to the present writ petition were initiated against the petitioner under Section 47-A of the Stamp Act as amended in the State of U.P. It has been stated in the writ petition that Indian Implements Manufacturing Company is the lessee of land contained in plots Nos. 7, 8, 9 and 10 Kasba Koil, Aligarh the said company authorised another company namely Ansal Properties and Industries Ltd., referred to as 'company' in the writ petition, to carry out development of the aforesaid piece of land and also to sell the same in best possible manner on behalf of Indian Implements Manufacturing Company. THE lessee and the company agreed to transfer lease hold right in respect of the land in question by an assignment in favour of the petitioner and some other persons. An agreement in this regard was duly registered with Sub-Registrar Sadar Aligarh on 27.6.2003. THE payment of proper stamp duty on the said agreement is in dispute.

(3.) IN pursuance of the aforesaid order, the learned Standing Counsel has produced the record. The stand taken by the learned Standing Counsel in the light of the writ petition is that the matter is pending since the year 2003 and the petitioner's representative has been appearing all through. The said District Magistrate against whom allegations in the transfer application were made having been transferred and new incumbent having joined at his place, the interim order passed on the transfer application had become in fructuous and as such, new incumbent rightly passed the impugned order. It was further stated that opportunity of hearing was afforded to the petitioner before passing of the impugned order as is apparent from the order sheet. The matter was heard on 20.10.2008 and on the request of the present petitioner he was permitted to file written argument before 20.10.2008. The petitioner having failed to file the written argument the impugned order has been passed by the District Magistrate, Aligarh after taking into consideration the entire facts and circumstances of the case.