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2012 Supreme(All) 2076

S.S.CHAUHAN
BHUPENDRA SINGH – Appellant
Versus
BOARD OF REVENUE, U. P. (CHIEF CONTROLLING REVENUE AUTHORITY), ALLAHABAD – Respondent


Advocates:
Counsel :
S.M.K. Chaudhary for the Petitioner; C.S.C. for the Opposite Parties.

JUDGMENT

Hon’ble S.S. Chauhan, J.—Heard learned counsel for the petitioner and learned Standing Counsel.

2. This petition has been filed for quashing the orders dated 12.2.1992 and 26.9.1988 passed by opposite parties No. 1 and 2 respectively.

3. The facts in short giving rise to the present dispute are that the petitioner purchased a cold storage in district Barabanki in the Court auction and requisite deposit was made by the petitioner. The Civil Judge, Barabanki issued a sale certificate on 14.5.1987. The petitioner deposited the requisite amount as required under law in the Court. The matter was referred to the Collector by Sub-registrar. A show-cause notice was issued to the petitioner and the petitioner filed objection to the same alleging therein that the stamp duty has already been paid in accordance with the provisions of law and determination of stamp duty by the Sub-registrar was illegal. It was further alleged that the Sub-registrar had no jurisdiction to make any objection in respect of the sale made in the auction by the Court nor there is any power to increase the stamp duty. The objection filed by the petitioner was rejected and the petitioner was asked to deposit Rs
































































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