Smt. Mamta Mohan and Another vs State of U.P. Thru. Collector Barabanki and 3 Others

Heard Sri Sandeep Kumar, learned counsel for the petitioner, Sri Mohd. Kasim, learned Standing Counsel appearing on behalf of the State-respondent and perused the material available on record.

¶11

By means of the present writ petition, the petitioner has prayed for a writ in the nature of certiorari to quash the impugned R.C. Form No. 36 dated 07.01.2026 issued by Tehsildar, Tehsil- Sirauli Gauspur, District Barabanki- opposite party no. 4 in pursuance of the order dated 29.11.2025 passed by opposite party no. 3- Assistant Commissioner Stamp, Barabanki in Stamp Case No. 3249 of 2022 (Computerized Case No. D202204120003249), under Section 47-A of the Indian Stamp Act, 1899 (State Versus Smt. Mamta Mohan and another).

¶12

The controversy involved in the present writ petition relates to the determination of market value of the subject matter of instrument.

¶13

The submission of the learned counsel appearing on behalf of the petitioners is that the land in question is agricultural in nature and he has paid stamp duty as per the circle rate notified under Rule 4 and 5 of U.P. Stamps (Valuation of Property) Rules 1997. It is the case of the petitioners that stamp duty is payable as per the valuation of the land applicable on the date of the instrument. The contention of the learned counsel for the petitioners is that the deficiency has been imposed without following the prescribed procedure as provided

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WRIC No. 605 of 2026

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under law. He further submits that the petitioners have moved an application for interim relief before the Appellate Court, which is pending for consideration. He further submits that once the statutory appeal has been entertained by the appellate court, it is incumbent upon the appellate court to consider and pass an appropriate order on the application for interim relief. He placed reliance upon the judgment passed by the Hon'ble Supreme Court in the case of Mool Chand Yadav & another Vs. Raza Buland Sugar Co. Ltd. Rampur & others, reported in 1982 (3) SCC 484, wherein it has been held as under:-

¶17

"........ But judicial approach requires that during the pendency of the appeal the operation of an order having serious civil consequences must be suspended. Moreso, when appeal is admitted. Previous history of litigation cannot be overlooked."

¶18

Further, reliance has been placed upon the judgment passed by this Court in the case of Ali Sher Vs. State of U.P. through Collector Bijnor & others; reported in 2007 (102) RD 498, wherein this Court has held as under:

¶19

"It is well settled that once an appeal or revision is entertained by a higher Court against an order having civil consequences stay normally should be granted to avoid swinging pendulum unless the Court for the reasons to be recorded finds that there is no case for grant of stay as observed by the Hon'ble Apex Court in the case of Mool Chand v. Raza Buland Sugar Industries."

¶20

It is an admitted fact that the petitioners have preferred an appeal challenging the order dated 29.11.2025 passed by the Assistant Commissioner Stamp, Barabanki in exercise of its power under Section 47-A of the Indian Stamp Act, 1899. The said appeal is pending for consideration before the Deputy Commissioner Stamp, Ayodhya Division, Ayodhya, under Section 56(1-A) of the Indian Stamp Act, 1899. The said appeal is registered as Appeal No. 4030 of 2025. It is also stated by the learned counsel appearing on behalf

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WRIC No. 605 of 2026

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of the petitioners that the next date fixed in the matter is 07.02.2026.

¶24

Learned Standing Counsel appearing on behalf of the Staterespondent has opposed the entertainability of the instant writ petition raising preliminary objection that the petitioners have availed the statutory remedy of appeal under Section 56(1-A) of the Indian Stamp Act, 1899, as such, instant writ petition is not entertainable under Article 226 of the Constitution of India.

¶25

In view of the fact that the statutory appeal against the order dated 29.11.2025 is under consideration before the competent Appellate Court, this Court is of the considered view that no useful purpose would be served to keep this writ petition pending. Accordingly, the present writ petition is disposed of with a direction to the Deputy Commissioner (Stamp), Ayodhya Division, Ayodhya to decide the said pending appeal expeditiously strictly in accordance with law after affording due opportunity of hearing to the concerned parties preferably within a maximum period of three months from the date of production of certified copy of this order before it.

¶26

It is further provided that in case, the petitioners press the application for interim relief in the aforesaid pending appeal, the learned appellate Court shall consider the same strictly in accordance with law and shall pass a reasonable order preferably within a maximum period of one month from the date of production of copy of this order; taking into consideration the observations made by the Hon'ble Supreme Court, on the subject of grant of interim relief, in the cases of Mool Chand Yadav & another (Supra) and by the Division Bench of this Court in the case of Ali Sher (Supra) .

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January 22, 2026 Arun

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(Syed Qamar Hasan Rizvi,J.)

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Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Smt. Mamta Mohan and Another v. State of U.P. Thru. Collector Barabanki and 3 Others

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Smt. Mamta Mohan and Another v. State of U.P. Thru. Collector Barabanki and 3 Others

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