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2011 Supreme(All) 389

F. I. REBELLO, V. K. SHUKLA, A. P. SAHI
VINAYENDRA NATH UPADHYAY – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Navin Sinha and R.C.Singh for the Petitioners; M.C. Chaturvedi, C.S.C. and Dr. Y.K. Srivastava, S.C. for the Respondents.

JUDGMENT

By the Court.—This reference raises issues involving the power of the State to impose and realise Additional Stamp Duty on an instrument of lease executed for a contract to realise toll in respect of two bridges in the district of Allahabad over the river Ganges, namely Lal Bahadur Shastri Bridge and Chandra Shekhar Azad Bridge. The imposition of this Additional Stamp Duty is under the provisions of Section 39 (1) of the U.P. Urban Planning and Development Act, 1972 read with the Indian Stamp Act 1899.

2. The petitioners in all the writ petitions have assailed the orders of the Addl. Collector (Finance & Revenue), Allahabad, under Section 31 of the 1899 Act as also the revisional orders passed by the Chief Controlling Revenue Authority under Section 56 (2) of the Act, upholding the said imposition.

3. A learned single Judge of this Court, while proceeding to hear the writ petitions, took notice of a Division Bench judgment of this Court relied upon by the petitioners in the case of M/s Bilal Ahmad Sherwani and Kishori Lal v. State of U.P. and others, AIR 1992 All 181, and upon a request made by the learned Standing Counsel for reconsideration of the said judgment, came to












































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