Ghaziabad DM News: Allahabad High Court has expressed its displeasure over the functioning of DM of Ghaziabad. The court has summoned the DM to the court tomorrow on 24th October. The DM will have to appear personally in the court at 10 am. The High Court has summoned the DM regarding the notice issued to a company regarding stamp duty. The DM has been asked to be present in the court with all the records and present his side.
The High Court has also said in its decision that if the DM does not appear in the court at 10 am, then strict action will be taken against him. This case is related to the notice of imposition of stamp duty on the property found in auction despite the order of the Division Bench of Allahabad High Court. According to the case, M/s SRSD Buildcon Ventures Private Limited, which is doing housing business, had acquired a property near Dasna Toll Plaza in Ghaziabad by paying Rs 201 crore in auction.
According to the orders and rules of the Debt Recovery Tribunal, this property should have been registered in the government records in the name of the company that won the auction without any stamp duty. When the registrar office said that the property would be registered only after paying Rs 14 crore as seven percent stamp duty, the company had approached the High Court.
The Division Bench of the High Court had ordered on July 2 this year that no stamp duty has to be paid for registering immovable properties found in auction. In compliance with this order of the High Court, the Registrar entered the name of the company in the records.
Despite the name being registered in the records, the DM of Ghaziabad issued a notice to the company on September 23 asking it to deposit Rs 14 crore as stamp duty. The company challenged this notice of DM in Allahabad High Court and cited the decision of the Division Bench of July 2. Hearing in this case was held today on Wednesday in the single bench of Justice Piyush Aggarwal.
The common man will lose confidence in the judiciary.
The court took a strict stand in this matter and called it contempt of the High Court and the rules. The court has summoned the DM in this matter and asked him to appear in the court tomorrow morning itself. The court had also made harsh remarks in this matter during the hearing. The court had said during the hearing that if the DM does such work despite the order of the High Court, then the common man will lose trust in the judiciary. The court had also commented that if strict action is not taken in such cases, the supremacy of the court will be lost.
Hearing will be held again in court today
While commenting, the court also said that the DM of Ghaziabad had no right to issue such a notice after the order of the High Court. Advocate Dr. Avnish Tripathi presented arguments on behalf of the petitioner company. According to Avnish Tripathi, the High Court will hear this matter again tomorrow on October 24 at 10 am.
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