Mohd Zulfikar v. State Of U.P. And 3 Others

Neutral Citation No. - 2024:AHC:51756

Court No. - 5 Case :- WRIT - C No. - 24838 of 2019

Petitioner :- Mohd Zulfikar

Respondent :- State Of U.P. And 3 Others

Counsel for Petitioner :- Om Prakash Rai,Ashish Rai

Counsel for Respondent :- C.S.C.,Pranjal Mehrotra

Hon'ble Saral Srivastava,J.

1. Heard Sri U.K. Sexena, learned Senior Counsel assisted by Sri Om Prakash Rai, learned counsel for the petitioners, Sri Kunal Ravi Singh, learned Chief Standing Counsel for the State and Sri Anurag Khanna, learned Senior Advocate assisted by Sri Pranjal Mehrotra, learned counsel for the National Highway Authority of India.

2. The petitioners have approached this Court by means of the present writ petition for the following relief:-

"A. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 23.01.2019 passed by respondent no. 4 and order dated 08.07.2019 passed by respondent no. 3.

B. Issue a writ, order in the nature of mandamus commanding and directing the respondent to not to recover the amount of deficiency of stamp and registering fees which is already provide the said authority under the Government order dated 02.06.2011.

C. Issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. D. Award costs of this writ petition to the petitioners."

3. Learned counsel for the petitioners submits that identical controversy as raised in the present writ petition has already been decided by this Court in Writ-C No.13821 of 2028 (Chandra Pal Singh and Others Vs. State of U.P. and Others).

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4. The aforesaid fact has not been disputed by the learned counsel for the respondents.

5. Since, the controversy involved in the present writ petition has already been decided by this Court in the case of Chandra Pal Singh (supra) by judgement and order dated 21.03.2024, therefore, present writ petition is also allowed in terms of the order passed in Chandra Pal Singh (supra).

Order Date :- 21.3.2024

NS

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