High Court of Punjab and HaryanaCWP/24978/2022dismissed

Anesh Chaudhary v. State Of Haryana And Others

2024-09-12Mr. Justice Suvir Sehgal2 pages

CWP-24978-2022 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH (101) CWP-24978-2022 Date of decision:- 12.09.2024 Anesh Chaudhary

...Petitioner

Versus

State of Haryana and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Anil Kumar Sharma, Advocate, for the petitioner. Mr. Sharad Aggarwal, Deputy Advocate General, Haryana. ...

SUVIR SEHGAL, J. (Oral) 1.

Instant writ petition has been filed under Article 226/227 of the Constitution of India, inter alia for issuance of a writ in the nature of certiorari for quashing orders dated 14.12.2020 and 17.05.2022, Annexures P-8 and P-9, respectively, passed by the respondent authorities, whereby, petitioner has been fastened with the liability of deficit stamp duty of Rs.11,47,560/-. 2.

Faced with an objection raised by the respondents in their written statement, counsel for the petitioner seeks permission to withdraw the writ petition, with liberty to avail the remedy of revision available to him under Section 47-B of the Indian Stamp Act, 1899 (for short "the Act") as applicable to the State of Haryana. He submits that while issuing notice on 31.10.2022, this Court directed that recovery shall remain stayed and as the petitioner is being relegated to avail the alternate remedy, petitioner may be protected. PARDEEP NAUTIYAL 2024.09.17 16:19 I attest to the accuracy and authenticity of this order/judgment.

CWP-24978-2022 -23.

As the petitioner has approached this Court without availing the revisional remedy, and an interim order was passed, the request made by the counsel seems to be reasonable and deserves to be accepted. 4.

Dismissed as withdrawn. Liberty is granted to the petitioner to avail the alternate remedy available to him under the Act. 5.

In case, petitioner files a revision petition within a period of three weeks from today, no coercive steps shall be taken to recover the deficit stamp duty till the adjudication of the revision petition. (SUVIR SEHGAL) JUDGE 12.09.2024 Pardeep Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No PARDEEP NAUTIYAL 2024.09.17 16:19 I attest to the accuracy and authenticity of this order/judgment.