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2016 Supreme(All) 1335

V.K.SHUKLA, MAHESH CHANDRA TRIPATHI
VARANASI BUILDERS AND DEVELOPERS ASSOCIATION – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Kripa Shankar Singh and H.N. Singh for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—Varanasi Builders and Developers Association through its Secretary Raman Singh is before this Court for a declaration that Rules 4 and 5 of U.P. Stamp (Valuation of Property) Rules, 1997 be declared ultra vires and further prayer has been made to quash the impugned rate list issued by the District Magistrate, Varanasi, in so far as it relates to enhancement of construction cost effective w.e.f. 1.8.2016.

2. Brief background of the case is that petitioner claims that its an association of builders and developers and in this background a society has been registered under the Societies Registration Act, 1860 with the name and style of Varanasi Builders and Developers Association. Petitioner claims that the members of the petitioner’s association are engaged in the business of constructing multi-storied building, group housing and developing the residential colonies and at the point of time of purchase of land and at the time of sale of flats/plots the payment of stamp duty necessarily comes into play under the umbrella of the Indian Stamp Act, 1899 read with U.P. Stamp (Valuation of Property) Rules, 1997 and under the Stamp Act all kinds of instruments



































































































































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