GAJANAND AWASTHY Vs. SHARIF KHAN

JUDGEMENT

(1.) HEARD .

(2.) CHALLENGE in this petition under Article 227 of the Constitution is made to order Annexure P -1 dated 14.1.2005 passed by First Additional District Judge, Guna in Civil Suit No. 42 -A/04 whereby petitioner is directed to pay stamp duty and penalty on the document for the purpose of taking it on record and admitted it in evidence.

(3.) SHRI N.K. Gupta, learned counsel for the petitioner took me through the document in question Annexure P -3 and tried to emphasise that it is only an agreement for sale and as there is no transfer of possession, learned Court below has committed grave error in directing for payment of stamp duty on the document in question thereafter it was argued by him that learned Court had directed for realization of the duty amounting to Rs. 74,950/ - and ten times penalty and has not proceeded in the matter in accordance with principle laid down in the case of Satyanarayan v. Ramsingh [2007 (III) MPWN 11 = 2007 (3) MPLJ 384], it is argued by him that learned Court cannot impose its decision on the petitioner but should have given the option of referring the matter for adjudication by the Collector of Stamp. Accordingly, he submits that the order passd is unsustainable and liable to be quashed.