B.K.Roy, R.K.Singh, JJ. - (1.) The prayer of the petitioner is to quash the circle rates dated 22.12.1990 and 28.11.1992 prescribed by the Collector, Muzaffarnagar as contained in Annexures 2 and 3 and strike down Rule 340A of U. P. Stamp Rules. 1942. The cause of action is based on the fact that the petitioner and others are desirous to sell their lands which being of very poor quality, at the rate of Rs. 2,000 to Rs. 5,000 per bigha in order to establish their livelihood. The Collector, Muzaffarnagar in exercise of his powers under Rule 340 has put his land in the range of Rs. 200 to Rs. 300 per square metres whereas in 1990, it was at the rate of Rs. 60 per sq. metres.
(2.) On 23.4.1993, the Bench before which this writ petition was placed had passed the following order : "Learned standing counsel is granted one month's time for filing counter-affidavit. Rejoinder-affidavit may be filed within three weeks thereafter. Until further orders, respondent will register provisionally the documents to be presented by the petitioner for taking Stamp Duty as disclosed by the petitioner or the circle rate dated 12.12.1990 whichever is higher on petitioner's furnishing bank guarantee for the deficit of the difference of amount what is stated above and the amount fixed by the circle rate dated 28.11.1992. Sd. A.P. Misra, J. Sd. S.N. Saxena, J. 23.4.1993"
(3.) Sri B.B. Paul, learned counsel for the petitioner contended that this is really a public interest litigation and Rule 340A being contrary to the legislative mandate not only ultra vires the provisions of the Indian Stamp Act but being unreasonable, unjust and unfair is also unconstitutional and accordingly be struck down when no counter has been filed.;