- (1.) RAM Swarup has filed this writ petition under Article 226 of the Constitution of India for a writ in the nature of certiorari quashing the order dated 6th April, 1996, passed by the District Magistrate, Agra, (Annexure '15' to the writ petition ). It ass been further prayed that the petitioner may be permitted to deposit the stamp duty in pursuance of the order dated 1/3-4-1996 and command the respon dents not to interfere with the right of the petitioner to excavate sand from Pura Bhagwan Ghat of river Chambal.
(2.) SRI P. K. Singh, learned Counsel for the petitioner, indicated the extreme urgency in the matter as a result of which while entertaining this writ petition, a counter affidavit was called by order dated 17th - April, 1996. It was further directed that the application for interim prayer shall also be taken up after the counter affidavit is filed. Sri A N. Rai, Standing Counsel, has filed a counter affidavit sworn by Sudhir Kumar Misra, describing himself as the Additional Tahsildar, Sadar Agra. It may be mentioned that, in the meantime, one Ram Sahai has made an application for impleadment along with a detailed counter affidavit. Smt. Sadhana Upadhyay has been heard in support of his impleadment application and also on the merits of the matter. Two separate rejoinder affidavits have been filed by the petitioner which have been taken due note of and all the learned Counsel for the parties have been, heard at substantial length. As prayed by the learned Counsel for the parties, the writ petition is being finally disposed of at the admission stage.
(3.) THE impleadment application by Ram Sahai is allowed and he is now to be arrayed as opposite party No. 4. The undisputed facts are that in November, 1994, the petitioner applied for lease of a plot of land (hereinafter referred to as 'the lease land') and on 26th November, 1994, lots were drawn, the petitioner's offer was accepted and by order dated 9th December, 1994, the petitioner was asked to deposit a sum of Rs. 1,38,834 as security, Rs. 1,38,834 as first instalment and Rs. 10,464 as boundary demarcation fees (SEEMA BANDHAN SHULK ). Consequently, the petitioner deposited as sum of Rs. 2,88,132 on 10th December, 1994. There was some delay in execution of the boundary demarcation which commenced only on 30th November, 1995. In the meantime, however, the petitioner was asked to deposit the stamp duty demanded from him to the tune of Rs. 2,29,812. It was said by the petitioner's Counsel that this amount was wrongly demanded as the petitioner's case was covered by the Schedule in the Stamp Act under which he was required to pay stamp for only Rs. 100. However, no decision from this Court is required on this point for the reasons to be recorded hereinafter. However, the petitioner intimated the opposite parties that he had deposited Rs. 100, as advised, by challan dated 10-7-1995.;