S.N.SRIVSTAVA, S.S.CHAUHAN, J. - (1.) IMPUGNED herein is the order dated 6.6.2005 passed by opp. party No. 4 by which demand was made to execute agreement on the stamp duty at the rate of 10% on the amount of Rs. 51,61,334/- which was the amount settled between the parties in connection with the contract for collection of stand fee from tempos, taxis and private buses within the limit of Nagar Palika Parishad, Faizabad.
(2.) THIS matter was heard and the petition was ordered to be dismissed in limine in the open Court observing that reasons would follow later on. The reasons for dismissing the writ petition are as follows. Heard learned Counsel for the petitioner and Sri Ravi Singh and Sri Rakesh Bajpai appearing for the respondents.
(3.) IT would transpire from the record that auction of theka for the year 2005-2006 for collection of stand fee from tempos, taxis and private buses within the limit of Nagar Palika Parishad, Faizabad was settled in favour of petitioner for a sum of Rs. 51,61,334/- and in connection with the aforesaid Theka the petitioner was required to execute agreement on stamp papers at the rate of 10% of the amount of Theka i.e. Rs. 51,61,334/. It would further appear from the record that the petitioner furnished stamp paper of the amount of Rs. 50,000/- which was not accepted and by means of order dated 6.6.2005, the Nagar Palika Parishad called upon the petitioner to deposit stamp duty at the rate of 10% as aforesaid. It is in this backdrop that present petition has been preferred impugning the order dated 6.6.2005. Per contra, learned Standing Counsel contended that the demand to pay stamp duty at the rate of 10% of the Theka amount was rightly made from the petitioner as envisaged in Schedule I-B, Article 35(2) of the Stamp Act. He further contended that the impugned order was rightly passed in accordance with law attended with the argument that no case is made out for interference by this Court.;