D. S. Sinha and M. C. Agarwal, JJ. - (1.) Heard Sri Jal Krishna Tiwari, holding brief of Sri Shashi Nandan, the learned counsel of 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. Feet to Rs. 55 per Sq. Feet. A copy of the impugned Notification is Annexure-3 to the writ petition.
(3.) The averments made in the petition 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 para 21 of the petition. It is asserted that on 17.2.1993 when some persons, who were Interested and had already 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 enhancement of the circle rate, in para 18 of the counter-affidavit, filed on behalf of the respondents, it is stated that no sale deed was ever presented for registration by anybody identified in para 21 of the petition. Thus, there is no cause of action for the petitioner to maintain this petition.;