Hon’ble Surya Prakash Kesarwani, J.—Heard Sri Ashish Mishra, learned counsel for the petitioner and Sri Nimai Das, assisted by Sri B.P. Kachhwah, learned Standing Counsel for the respondents.

2. Briefly stated facts of the present case are that on 22.11.1996 a memorandum of understanding was executed between the petitioner and the U.P.S.I.D.C. Ltd. in respect of 15761 square meter of land in village Gulistanpur, district Gautam Budh Nagar. Subsequently, on the basis of the report, a stamp case No. 419 of 2004-05 was registered and an order dated 25.11.2004 was passed by ADM (F/R) Gautam Budh Nagar creating the demand of stamp duty of Rs. 34,67,438/- equal amount of penalty was imposed and interest was also demanded under Section 33 read with Section 40 (1) (b) of the Indian Stamp Act, 1899 (hereinafter to the “Act”). The petitioner preferred revision/appeal before the Chief Controlling Revenue Authority U.P., The petitioner submitted proof of deposit of Rs. 34,67,438/being one-third amount for the purpose of grant of interim relief in terms of the provision of Section 56 (1A) of the Act. The appeal/revision was allowed vide order dated 07th January, 2009 and the matter was