R.H. Zaidi, J. - (1.) Heard learned counsel for the petitioner, learned standing counsel and also perused the record.
(2.) By means of this petition under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 30.7.1990 passed by respondent No. 2 holding that document in question was lease-deed and chargeable to stamp duty under Article 35 of Schedule 1B of the Stamp Act.
(3.) It appears that the document, copy of which is contained as Annexure-2. to the writ petition, was proposed to be executed between Babu Lal s/o Mohan r/o Village Harkana Garhi, Tehsil Mohanlalganj, district Lucknow and M/s. Jain Brick Field. Harkana Garhi. Lucknow. through its partner Sri D. K. Jain. Question of payment of stamp duty arose and the petitioner filed application under Section 31 of the Stamp Act for adjudication. Reference under Section 56 of the Act was made by the A.D.M. (Revenue and Finance), Lucknow, to the Chief Controlling Revenue Authority, U. P.;