Allahabad High Court
SMT. SHABNAMversusSTATE OF U.P. AND 4 OTHERS
- Decided
- Bench
- SIDDHARTH NANDAN
Holding
The writ petition is disposed of as withdrawn, with liberty granted to the petitioner to move a stay application in the pending appeal.
Summary
The petitioner, Smt. Shabnam, filed a writ petition seeking to quash a recovery certificate dated 24.03.2026 issued under Sections 33 and 47 of the Stamp Act, and to obtain a mandamus restraining further coercive action and a stay of the recovery proceedings pending an appeal before the Commissioner, Meerut. The petitioner had already filed an appeal against the recovery order but had not filed a stay application along with it. Counsel for the petitioner requested permission to withdraw the writ petition and to pursue the appropriate remedy in the pending appeal. The Court examined whether the petition could be withdrawn and whether liberty could be granted to file a stay application later. The Court allowed the withdrawal of the writ petition, directing the petitioner to move a stay application, if desired, before the appellate court within a month of filing, and to seek expeditious consideration. Consequently, the writ petition was disposed of as withdrawn with liberty to seek further relief in the appeal.
Issues considered
- Whether the writ petition seeking certiorari, mandamus and stay can be withdrawn after filing an appeal without a stay application.
Legislation cited
- Indian Stamp Act — s. 33, 47
Subjects
- writ petition
- certiorari
- mandamus
- stay of proceedings
- withdrawal of petition
- Stamp Act
- recovery certificate
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 19354 of 2026
Smt. Shabnam
.....Petitioner(s)
Versus
State Of U.P. And 4 Others
.....Respondent(s)
Counsel for Petitioner(s) : Rajesh Kumar Pandey
Counsel for Respondent(s) : C.S.C.
Court No. - 38
HON'BLE SIDDHARTH NANDAN, J.
1. Heard learned counsel for the petitioner.
2. The present writ petition has been filed with the following prayer:
"(i) Issue a writ, order or direction, in the nature of certiorari quashing
the recovery certificate dated 24.03.2026 passed by the respondent no.3
in Case No. 20260305000066 arising out of the Case No.
D/202411170004844 (State of U.P. Vs. Smt. Shabnam) under section
33/47 Stamp Act, Mauza Khurja Bahar Chungi, Pargana and Tehsil
Khurja, District Bulandshahr, Ptrank No. 288/Peshkar-Jiladhikari
(Annexure No.1 to this writ petition).
(ii) issue a writ of mandamus restraining the respondents from the taking
any coercive action against the petitioner;
(iii) Stay the operation of recovery proceedings during the pendency of
Appeal before the Commissioner, Meerut Division Meerut."
3. Learned counsel for the petitioner has fairly submits that he has already
filed an appeal against the impugned order dated 24.03.2026; but he has
not filed any stay application along with the appeal, as per his
instructions.
4. In view of the aforesaid, he seeks permission to withdraw the present
writ petition with liberty to seek appropriate remedy in the pending
appeal.
5. Accordingly, the writ petition is disposed of as withdrawn with liberty
to the petitioner to move an appropriate application. In the event, such a
WRIC No. 19354 of 2026
2
stay application is moved by the petitioner, the appellate Court is
requested to consider and decide the same expeditiously, preferably
within period of 1 month from the date of filing of the application along
with certified copy of this order.
(Siddharth Nandan,J.)
May 18, 2026
S.Prakash
Digitally signed by :-
SHASHI PRAKASH
High Court of Judicature at Allahabad
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