Nithyakalyani Narayanan. V
An investigation into purported malpractice in a stamp duty case has been ordered by Justice Abdul Moin of the Allahabad High Court, which is a noteworthy development.
A shocking discovery was made in response to the petition, which sought to annul orders dated 22.12.2015 and 24.04.2019 pertaining to increased stamp duty and penalties. In proceedings under Section 47-A of the Indian Stamp Act, 1899, the petitioner’s land was allegedly determined to have a hospital, Shriram Hospital And Paramedical Centre, according to the competent authority. The validity of this conclusion was questioned in spite of appeals and later rulings.
The evidence was examined by the court during a hearing of the case on March 4, 2024. The responders’ spot inspection report from May 29, 2014, made no mention of any hospital’s presence in the contested area. Additionally, the attorney for the petitioner filed an additional document stating that the property in question does not have a hospital.
Justice Abdul Moin made the following observation in light of inconsistencies between the conclusions made by the competent authority of a hospital located on the land and the records, specifically the spot inspection report dated May 29, 2014.
The court ordered the Principal Secretary (Stamp and Registration), Civil Secretariat, Lucknow, to provide a personal affidavit, expressing concern about the disparity, observing that even if the affidavit doesn’t have any supporting documentation, it is supposed to explain how the appropriate authority found the hospital’s location on the property. The court also underlined the need for accountability and questioned if disciplinary action may be taken in the event that misbehaviour is proven.
Two weeks have been given to the Principal Secretary to submit the personal affidavit, and a follow-up hearing for the case is set for March 20, 2024. The court has granted a stay on any coercive measures used against the petitioner in the interim. The court stressed the seriousness of the situation by threatening to summon the Principal Secretary in person if the personal affidavit is not turned in by the deadline.
Name of the case: Sadhna Chaturvedi Vs State Of U.P WRIT – C No. – 9437 of 2022
Bench: Justice Abdul Moin