B. Amit Sthalekar, J. - (1.) Heard Shri N.K. Seth, learned senior counsel assisted by Shri Sachin Garg and Shri Shailendra for the petitioner and Shri Niami Das, learned standing counsel for the respondents.
(2.) The petitioner in the writ petition is seeking quashing of the order dated 19.1.2018 passed by the District Magistrate/Collector, Sonbhadra in stamp proceedings under section 47-A read with Section 32/38/40 of the Indian Stamp Act, 1899 (hereinafter referred to as the Act, 1899). Briefly stated the case of the petitioner is that an agreement was entered into between M/s Kanoria Chemicals and Industries Limited and the Governor of U.P., whereby the Governor of U.P. agreed to sell to M/s Kanoria Chemicals and Industries Limited land in the reserve forest of Dudhi Forest Division, District Mirzapur with permission to the Company to establish a Company with appurtenant work for manufacture of chemicals and industrial products. Thereafter a sale deed was executed on 20.4.1963 whereby the Government of U.P. transferred/sold 303.35 acres of forest land situated in Murdhawa Forest Block of protected forest of Dudhi Forest Division District Mirzapur. Another sale deed was executed by the Governor of U.P. also on 20.4.1963 whereby 21.65 acres of forest land in Murdhawa Forest Block of protected forest of Dudhi Forest Division District Mirzapur was transferred/sold to M/s Kanoria Chemicals and Industries Ltd.
(3.) Clause 3(b) of the sale deed, Annexures 3 and 4 to the writ petition clearly provided that the land shall be used by the Company for industrial purposes and appurtenant works and for no other purpose. For the purpose of this writ petition it would be necessary to reproduce the clause 3(b) of the sale deed, which reads as under: "3(b) The said land shall be used by the company for industrial purpose and appurtenant works, and for no other purpose whatsoever without the previous consent in writing of the State Government.";