CHANDRAWATI DEVI Vs. ADDITIONAL COMMISSIONER STAMPS MEERUT

JUDGEMENT

(1.) The prayer of the petitioner is to quash the Order dated 27.11.1990 passed by the Deputy Commissioner, Stamp, Meerut Division in Case No. 395/D.C. 82, State v. Chandrawati Devi, holding that instead of using stamps worth Rs. 2.510 In regard to the agreement which she has entered with the Municipality, Meerut, for obtaining lease of a shop for an indefinite period she has used stamps worth Rs. 5 only and. thus, liable to pay a sum of Rs. 2,505 further towards stamps and a sum of Rs. 6,000 as penalty thereon as contained in Annexure-4 to this writ petition. The Submissions :

(2.) Sri Dinesh Rai, learned counsel appearing on behalf of the petitioner, holding brief of Sri Vinod Sinha, contended with reference to the statements made in paragraph 8 to the writ petition, which have not been denied by the respondents as incorrect by filing any counter-affidavit, that principles of natural justice were grossly violated while passing the impugned order inasmuch as even though the petitioner had filed her objection in August, 1982, no date of its hearing was fixed and the Deputy Commissioner Stamp had illegally proceeded to pass an ex-parte order behind her back and to her prejudice and thus her prayer be allowed.

(3.) Sri P. K. Bisaria, learned standing counsel appearing on behalf of the respondents, on the other hand, contended that in terms of Section 40 (1) (b) of the Indian Stamp Act, 1899, no opportunity of hearing is required to be given before impounding an instrument and/or imposing penalty and the order holding that there were deficit stamps worth Rs. 2,505 being correct on facts and law both and the penalty of Rs. 6,000 imposed on the petitioner being less than even three times of the required deficit stamps, no interference is required by this Court in exercise of its discretionary jurisdiction under Article 226 of the Constitution of India. Our Findings :