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2012 Supreme(All) 30

RAJIV SHARMA
Warasat Ali – Appellant
Versus
State of U. P. and others – Respondent


Advocates:
Counsel -- K.S.Rastogi, Advocate, for the petitioner, C.S.C., for the respondents.

Rajiv Sharma, J.:-

This writ petition has been preferred against the order dated 29.6.1993 passed in Case No. 185 under Section 33/38 Indian Stamps Act.

2. Counsel for the petitioner submits that in the year 1979, one Mashhoor Ahmad, who was a very rice and renowned person of the locality gifted a piece of land situated in town Mohammadi to the petitioner and on being gifted the aforesaid plot, the petitioner constructed his residential house. Petitioner also moved an application before the Municipal Board, Mohammadi for mutation, which was allowed and necessary tax was also deposited by the petitioner. The Collector stamp-opposite party no.2 issued a notice requiring the petitioner to show cause why the proceedings under Section 33/38/47-A of the Indian Stamps Act may be not be initiated to which petitioner filed a reply indicating therein that no instrument or deed of transfer was executed, thus there was no occasion to pay stamp duty. The petitioner also placed reliance on Section 122, 123 and 129 of Transfer of Property Act. It was also been asserted that the peice of land was given by an oral gift in accordance with law and for initiation of proceedings under the aforesaid Secti


























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