KRISHNA MURARI,J. - (1.) BY means of the present petition filed under Article 226 of the Constitution of India, the petitioner has challenged the order dated 24th February, 1990 passed by the Additional District Magistrate (Finance and Revenue), Moradabad under Sections 47 and 33 read with Section 40 of the Indian Stamps Act (hereinafter referred to as the Act).
(2.) WE have heard Sri A. K. Gaur, learned counsel for the petitioners and the learned Standing Counsel for the respondents. We are conscious of the fact that the petitioner has an alternative statutory remedy available under Section 56 of the Act before the Chief Controlling Revenue Authority, U. P. However, since the petition was entertained by this Court and was admitted in the year 1990 and remained pending for more than 13 years, we do not think it proper to relegate the petitioners to the forum of alternative remedy after lapse of such a considerable period.
(3.) THE factual matrix as set out in the petition is that the petitioners purchased a land measuring 1.65 acre comprising of khasra plots No. 509 and 510/1 situate in village Maulagarh, Pargana and Tehsil Bilari, District Moradabad by means of sale deed dated 11-7-1985 registered on 18-9-1995 (1985). A total sum of Rs. 49,000/- was paid as consideration and a sum of Rs. 5,200/- was paid as stamp duty.;