NAGAR PALIKA PARISHAD AONVLA AND ANOTHERversusANUJ KUMAR JHA

         HIGH COURT OF JUDICATURE AT ALLAHABAD
           CONTEMPT APPLICATION (CIVIL) No. - 5402 of 2026

Nagar Palika Parishad Aonvla And Another
                                                                   .....Applicant(s)
                                       Versus

Anuj Kumar Jha
                                                                       .....Opposite
                                                                             Party(s)

Counsel for Applicant(s)                               :       Manu Saxena
Counsel for Opposite Party(s)                          :

Court No. - 53
                     HON'BLE VIKAS BUDHWAR, J.

1. The present contempt application has been preferred alleging willful
defiance of the order dated 01.12.2025 passed in Writ-C No. 411 of 2020
order whereof is quoted herein under:

     "1. Heard Shri Manu Saxena, learned counsel for the petitioners and Shri
     Rajiv Gupta, learned Additional Chief Standing Counsel for the State-
     respondent.

     2. The petitioner- Nagar Palika Parishad, Aonvla, District- Bareilly has
     filed the present writ petition under Article 226 of the Constitution of
     India praying for a writ of mandamus commanding the respondents to
     release 2% additional stamp duty realized by the Sub-Registrar, District-
     Aonvala District- Bareilly in favour of the petitioner- Nagar Palika
     Parishad and for a further direction to the said respondents to decide the
     representations made by the petitioners in this regard.

     3. The case of the petitioner- Nagar Palika Parishad is that the State
     Government has been realizing 2% additional stamp duty, the benefit of
     which has to be passed on to the local bodies from where the collection is
     made. In terms of the said policy, from time to time the Director, Local
     Bodies, Lucknow has issued various orders specifying the amount to be
     released in favour of the local bodies by way of grant. In the said orders,
     the name of the petitioner- Nagar Palika Parishad duly finds place as
     well as the amount which is to be released in favour of the petitioner-
     Nagar Palika Parishad in particular financial year, however, the amount
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has not been released so far. The petitioner- Nagar Palika Parishad has
also represented in this regard but to no avail.

4. Respondents no. 1, 2, 3 and 6 have filed a counter affidavit and in
paragraph no.16, the following stand has been taken:

"16. That in reply to the contents of paragraph Nos. 22 & 23 of the writ
petition it is submitted that the procedure for disbursal of sanctioned
amount on account of 2% additional stamp duty to any local body
including the petitioner's urban local body is presently contained in G.O.
?.?. -5 -1149/11-2013-312(268) dated 13.09.2013 and it provides that
provision for payment of 2% additional stamp duty shall be made in the
grant of concerned department and aforesaid department shall issue
financial sanction for the local bodies after arranging for requisite details
/information from Stamp and Registration Department at its own level. It
is further submitted that in the aforesaid G.O. dated 13.09.2013 there is
no provision for seeking any approval from Inspector General
Registration/ Commissioner Stamps, U.P. for payment /disbursal of the
2% additional stamp duty. In view of above, though from the contents of
writ petition it is evident that requisite information has been
communicated by respondent no.2/3 from time to time to Commissioner
Stamps, U.P. and from Commissioner Stamps, U.P. to concerned
Administrative Departments but if the payment of additional stamp duty is
pending in favour of the petitioner for want of necessary details,
petitioner may raise this matter before the concerned administrative
department and the concerned department may call for requisite data/
details from the Stamp and Registration Department on specific point and
thereafter decide the matter in accordance with G.O. dated 13.09.2013.
Further, the action mandated under G.O dated 13.09.2013 has been
reiterated under G.O. dated 24.09.2014 issued by Tax and Registration
Department as under:-

"इस प्रकार अब 02 प्रतिशत अतिरिक्त स्टाम्प शुल्क की धनराशि का वितरण आवास एवं
शहरी नियोजन विभाग व नगर विकास विभाग द्वारा अपने अनुदान में बजट व्यवस्था कराकर
किया जाना है। उल्लेखनीय है कि उक्त हेतु इस वित्तीय वर्ष में आवास एवं शहरी नियोजन
विभाग तथा नगर विकास विभाग के आय-व्ययक में बजट प्रावधान भी किया गया है, किन्तु
इसके बाद भी अनेक मण्डल । जनपद स्तर से संग्रहीत 02 प्रतिशत अतिरिक्त स्टाम्प शुल्क कि
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मांग शासन के स्टाम्प एवं रजिस्ट्रेशन विभाग से की जा रही है, जो उचित नहीं है।"


It is further submitted that in compliance of the G.O. dated 13.09.2013 a
G.O. dated 06.05.2016 has also been issued by the controlling
department of the petitioner / Department of Urban Development, U.P.
Thus, in view of the facts, reasons and circumstances mentioned
hereinabove, it is expedient in the interest of justice that this Hon'ble
Court may graciously be pleased to dispose the matter in the light of the
Government Order dated 13.09.2013 read with Government Order dated
24.09.2014 and Government Order dated 06.05.2016. Copies of
Government Orders dated 13.09.2013, 24.09.2014 and 06.05.2016 are
being filed herewith and marked collectively as ANNEXURE NO. CA-1 &
& 3 to this affidavit."

5. A perusal of the stand taken by State-respondents evinces that the State
does not deny that the additional stamp duty realized by it has to be
passed on to the local body concerned. It's own case is that the same has
to be done in light of Government Orders dated 13.09.2013, 24.09.2014
and 06.05.2016. The amount has not been released as according to the
said respondents, the requisite financial approval has to be given by the
concerned department and not by the Stamp and Registration
Department.

6. Learned Standing Counsel states that the concerned administrative
department for the petitioner would be the Department of Local Bodies
and, therefore, the petitioner should approach the Director, Local Bodies.



7. Shri Manu Saxena, learned counsel for the petitioners very fairly states
that the petitioners will approach the Director, Local Bodies for release
of the amounts and direction be issued to the Director, Local Bodies to
take decision within a fixed time frame.

8. Having regard to the facts of the case and the stand taken by
respondents no. 1, 2, 3 and 6, we dispose of the instant writ petition with
liberty to the petitioners to make a fresh representation before the
Director, Local Bodies along with true attested copy of the instant order
within two weeks from today and in which event, the same will be decided
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                                            by the Director, Local Bodies, Lucknow (respondent no.4 herein) within a
                                            period of eight weeks thence.

                                            9. Hence, the writ petition stands disposed of".

                                    2. Today, instructions have been produced deciding the claim of the
                                    applicant on 25.08.2026.

                                    3. The said fact has not been disputed by the learned counsel for the
                                    applicant. A copy of the instructions have been forwarded to the learned
                                    counsel for the applicant.

                                    4. Accordingly, the contempt application stands consigned to record,
                                    notices stand discharged.

                                    5. Instructions have been filed today is taken on record and marked as
                                    Appendix-A.


                                                                                                   (Vikas Budhwar,J.)
                                    September 16, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad