Sahas Degree College Thru Secretary Nadeem Hasan VS State of U. P. Thru District Magistrate J. P. Nagar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

PIYUSH AGRAWAL
Sahas Degree College Thru Secretary Nadeem Hasan – Appellant
Versus
State of U. P. Thru District Magistrate J. P. Nagar – Respondent

Counsel for the Parties:
For the Petitioners:Ankit Kumar Rai, K.M. Misra, Advocates
For the Respondents: C.S.C.

JUDGMENT

Piyush Agrawal, J.—Heard Sri Atul Dayal, learned Senior Counsel assisted by Sri Ankit Kumar Rai, learned counsel for the petitioner and learned Additional Chief Standing Counsel for the State-respondents.

2. Since the similar controversy involved in the aforesaid writ petitions, all the writ petitions are being decided by this common order.

3. For convenience, the facts of Writ-C No. 41137 of 2010 is being delineated here:-

4. By means of instant writ petition, the following prayer has been made:-

“(i) Issue a writ, order or direction in the nature of certiorari calling for the records of the case and quash the impugned order dated 27.09.2008 (Annexure No.3) to this writ petition) passed by the respondent no.3 as well as the Appellate Order dated 01.06.2010 (Annexure No.5 to this writ petition) passed by the respondent no.2;

(ii) Issue a writ, order or direction in the nature of Mandamus declaring Section 2(14-A) inserted in the Indian Stamp Act, 1882 by means of U.P. Act No.38 of 2001 as unconstitutional, void, inoperative and ultra vires being repugnant to the provisions of two Central enactments namely Transfer of Property Act as well as Muslim Personal Law (Shariat

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