The first petitioner, a Company with its register~ office at Calcutta, is the owner of a fac;tory al Varanasi in the State of Uttar Pradesh. The State of Uttar Pradesh h'\ving agreed -- - to advance a loan on the mortgage of the Company"s assets at its jute mills at Budge Budge and at Ghusuri, all situatr.d in \Vest Bengal, the dee<l of mortgage was executed at Lucknow in the State of Uttar Pradesh on March 22, 1957. To that deed, the petitioner affixed stamps of the value of Rs. 1,08,751/-· purchased from the Collector of •lamps, Calcutt!'. It was duly registered at Calcutta on April 5, 1957. On a reference made to the Board of Revenue, UtJar Pradesh, the.Board held that as the- mortgage deed dated March 22, 1957, was executed at a place within Uttar Pradesh it must bear, stamps issued by the Uttar Pradesh Government.- The Board also held that the Company as liable to pay Rs. 1,7(000/ as stamp, duty on the document dated March 22, 1957. The petitioner fileda petition under Art. 32 of the Constitution challenging the order of the Board of Re.venue. The petitioner contended that the document should have been held to be dulY. stamped .as it bore stamps in accordance with the law of WesrBengal.
