- (1.) D. S. Sinha, J. Heard Sri Jai Krish na Tiwari, holding brief of Sri Shashi Nandan, the learned Counsel for the petitioner and Sri Vinay Malviya, learned Standing Counsel representing the respondents.
(2.) THE petitioner seeks to challenge the Notification issued under Rule 340 (a) of U. P. Stamp Rules, 1942 framed under the Indian Stamp Act, 1899, hereinafter called the Act, whereby the circle rate of the concerned area has been enhanced from Rs. 40/- per sq. ft. to Rs. 55/- per sq. ft. A copy of the impugned Notification is Annexure-3 to the writ petition. The averments made in the peti tion show that the petitioner is not owner of the land in respect of which any sale-deed has been executed. It holds merely an agreement to sell. Thus, it cannot be a vendor. In paragraph 21 of the petition. It is asserted that on 17-2-1993 when some persons, who were interested and had al ready applied for purchasing the plots in the land in respect of which the petitioner holds an agreement of sale, approached for execution of sale-deed in their favour, it transpired from the office of the Registrar that the circle rate had been increased by impugned Notification and Stamp duty had to be paid accordingly. Though there is no dispute regarding en hancement of the circle rate, in paragraph 18 of the counter-affidavit, filed on behalf of the respondents, it is stated that no sale-deed was ever presented for registra tion by anybody identified in paragraph 21 of the petition. Thus, there is no cause of action for the petitioner to maintain this petition. Under the provisions of Section 29 of the Act, the liability of paying the stamp duty on sale-deed is on the vendee. Indis putably, the petitioner is not a vendee.
(3.) IN view of what has been said above, in the opinion of the Court, the petitioner neither has any locus standi to maintain this petition nor is there any cause of action therefore. The petition is misconceived. Accordingly, the petition is dis missed. The interim order dated 15-4-1993 shall stand discharged. Petition dismissed. .;