CHANDRA BHABU CHAURASIA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioners Sri R.C. Tewari and learned Standing Counsel, who appears for the State-respondents.

(2.) This petition has been filed challenging the order dated 31.5.2010 passed by the Additional District Magistrate (Finance and Revenue), Lucknow (for short 'ADM'), the Prescribed Authority and the order dated 29.12.2010 passed in appeal by the Commissioner, Lucknow Division, Lucknow and also the report of the Sub Registrar-III, Lucknow dated 25.10.2008.

(3.) It has been submitted by the learned counsel for the petitioners that the petitioners had bought 420 square feet of residential plot covered by a residential house with address A-1413/5 situated at Lal Bahadur Shastri Ward, Indira Nagar, Lucknow. It has been submitted on the basis of the sale deed, a copy of which, has been annexed as Annexure-3 to the writ petition, that the plot in question was ad-measuring 39.33 square meters and it was a three storeyed house and was bought for a consideration of rupees fifteen lacs only. The petitioner no.1 being a Doctor, was running a hospital in the adjoining building constructed at Plot no.A1413/6 Indira Nagar, Lucknow by the name of Jan Mangal Hospital. The hospital was a charitable institution and not a commercial establishment. The petitioners' establishment was inspected by the Sub Registrar-III, Lucknow on 20.10.2008 and a report was submitted to the ADM thereafter on the basis of which, a case under Section 47-A of the Stamp Act, namely, Case no.718/Stamp/2008 was instituted. The petitioners were thereafter issued a show cause notice to which, the petitioners replied. In their reply, the petitioners stated clearly that since the petitioners had got possession of the adjoining house, which they had bought on 18.10.2008 and were already running a charitable hospital, after taking complete possession of the house, they broke open a door in between and constructed a passage way and put beds in the adjoining house, which they had recently bought. On 19.10.2008 itself i.e. on the very next day, the petitioners put up a board on both the houses.