M .KATJU,J. - (1.) Heard learned Counsel for the parties.
(2.) THE petitioner is challenging the impugned order dated 4 -6 - 2002 Annexure -4 to the writ petition, order dated 25 -8 -2001, Annexure 4 -A to the writ petition, and order dated 3 -2 -2003 Annexure -5 to the writ petition. The petitioner has also prayed for a declaration that Section 13 of U.P. Act No. 22 of 1998 in so far as it seeks to amend Clause (b -1) of Article 5 of Schedule 1 -B of the Indian Stamp Act, be declared unconstitutional. The petitioner is a Co -operative Society registered under the U.P. Co -operative Societies Act. It is alleged in paragraph 3 of the writ petition that it entered into an agreement dated 16 -7 - 1999 to purchase a Bhumidhari Plot No. 395 measuring 1.345 acres belonging to one Matru alias Matrumal situate at village Asadpur, Pargana and Tahsil Koil, District Aligarh. True copy of the registered agreement to sell dated 16 -7 -1999 is Annexure 1 to the writ petition. A sum of Rs. 100 was paid as stamp duty on the aforesaid agreement but the possession was not delivered at the time of the agreement.
(3.) IN paragraph 6 of the writ petition it is alleged that subsequently by a cancellation deed dated 27 -1 -2002 registered on 28 -1 -2002 the agreement dated 16 -7 -1999 was cancelled vide Annexure -2 to the writ petition. It transpired that in the deed of cancellation there was some mistake in the description of the agreement to sell, and that was rectified by a rectification deed dated 21 -6 -2002 vide Annexure 3 to the writ petition.;