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2010 Supreme(All) 368

RITU RAJ AWASTHI
Ashish Kumar and others – Appellant
Versus
State of U. P. and others – Respondent


Advocates:
Sri Neeraj Chaurasiya, Advocate, for Petitioner.
Sri M.B. Singh, Advocate, SC, for Respondents.

Ritu Raj Awasthi, J.: -

Heard Sri Neeraj Chaurasiya, learned counsel for the petitioners as well as Sri M. B. Singh, learned Standing Counsel and perused the record.

2. Under challenge in the writ petition is the orders dated 10.04.2008 and 05.12.2005 passed by the Opposite Party Nos. 2 and 3 contained as Annexure Nos. 1 & 2 to the writ petition. The petitioners have also prayed for a writ, order or direction commanding the opposite parties to refund the amount of Rs. 50,000/- deposited by the petitioners pursuant to the order dated 05.12.2005 passed by Assistant Commissioner, Stamp, District Barabanki.

3. The petitioners had in fact purchased the agricultural land and the sale deed of the plot i.e. 6/7th part of plot no. 1295 situated at Village Jauras, Haidergarh, District Barabanki was executed on 12.10.2004. It is the case of the petitioners that at the time of the execution of the sale deed the land in question was recorded as agricultural land in the revenue records. It is alleged that subsequently after the execution of the sale deed the authorities had taken suo motu proceeding under the Indian Stamp Act with respect to alleged deficiency in the stamp duty in the purchase of t
















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