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(2020) Law Today Live Doc. Id. 15491 = 2021(1) L.A.R. 166
Decided on: 14.10.2020
Present:
Mr. Vineet Chaudhary, Advocate for the petitioner.
Mr. Rajesh Gaur, Additional A.G., Haryana and Mr. Minderjeet Yadav, DAG, Haryana.
Indian Stamp Act, 1899 (2 of 1899), Section 47-A – Constitution of India, Article 226, 227 -- Appeal u/s 47-A of the Act – Non-decisioning by Commissioner – Writ petition in the High Court -- Held, it is not open to authorities clothed with quasi-judicial powers to render infructuous the statutory remedies provided to aggrieved citizens by delaying the hearing of the cases filed before them – Direction given to the Commissioner, to consider the appeal filed by the petitioner-company on its own merits and in accordance with law and dispose of the same within six months -- In the meanwhile, the stay application be dispose by way of a reasoned order within two weeks from the date of receipt of a copy of this order.
(Para 1-3)
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SANJAY KUMAR, J. (ORAL) –
1. The grievance of the petitioner-company is that the Commissioner, Ambala Division, Ambala, is not deciding its appeal filed under Section 47-A of the Indian Stamp Act, 1899. The said appeal was filed by the petitioner-company against the order dated 15.06.2018 (Annexure P-4) and the review order dated 21.07.2020 (Annexure P-6) passed by the Sub-Divisional Officer (Civil), Kaithal, District Kaithal.
2. It is not open to authorities clothed with quasi judicial powers to render infructuous the statutory remedies provided to aggrieved citizens by delaying the hearing of the cases filed before them. By doing so, such remedies would become practically redundant and, in effect, cause irreparable injustice and loss to such aggrieved parties.
3. The writ petition is accordingly disposed of directing the Commissioner, Ambala Division, Ambala, to consider the appeal filed by the petitioner-company on its own merits and in accordance with law and dispose of the same within six months from today. In the meanwhile, as the stay application filed in the said appeal by the petitioner-company is also pending consideration, the Commissioner, Ambala Division, Ambala, shall endeavour to hear the said application on its own merits and in accordance with due procedure and dispose of the same by way of a reasoned order within two weeks from the date of receipt of a copy of this order.
4. In the circumstances, there shall be no order as to costs.
Order accordingly.
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