Shanmukha Agritec Limited Vs State of U.P. and 2 Others

Court No. - 6

Case :- WRIT - C No. - 5298 of 2023

Petitioner :- Shanmukha Agritec Limited Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Neeraj Kumar Srivastava Counsel for Respondent :- C.S.C.

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Hon'ble Pankaj Bhatia,J.

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Present petition has been filed challenging the order dated 23.09.2021 whereby by means of an ex-parte order, the stamp duty deficiency payable by the petitioner has been assessed at Rs.25,81,110/-. The petitioner has also been saddled with a similar penalty. The petitioner also challenges the order dated 15.11.2022 whereby the appeal has been dismissed.

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Contention of learned counsel for the petitioner is that the said order dated 23.09.2021 is an ex-parte order as on the date fixed, covid restrictions were in place and the petitioner could not attend the proceedings.

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Further contention of learned counsel for the petitioner is that the petitioner had taken a specific stand with regard to the reasons for inability to appear on the date fixed before the ADM, which has not been considered by the appellate authority.

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Considering the said submission and on perusal of the record it is clear that the order impugned is an ex-parte order, without even recording as to whether on the date of purchase, the constructions stood over the land in question or not.

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In view of the fact that the impugned order is an ex-parte order, both the orders i.e. 23.09.2021 and 15.11.2022 are set aside.

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The matter is remanded to the concerned ADM to decide the matter afresh after giving an opportunity of hearing to the petitioner.

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The writ petition is disposed off in above terms.

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Order Date :- 14.3.2023 nishant

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Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad

Shanmukha Agritec Limited v. State of U.P. and 2 Others

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Shanmukha Agritec Limited v. State of U.P. and 2 Others

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