Uttarakhand High Court
WPMS/2435/2025 on 25 August, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
Office Notes,
reports, orders or
SL. proceedings or
Date COURT'S OR JUDGES'S ORDERS
No directions and
Registrar's order
with Signatures
WPMS No.2435 of 2025
Hon'ble Pankaj Purohit, J.
Mr. Bhupendra Prasad, Advocate for the petitioner.
2. Mr. Anil K. Dabral, Additional C.S.C. with Mr. S.K.
Nainwal, S.C. for the State.
3. Mr. I.D. Paliwal, S.C. for the State of U.P.
4. This writ petition has been filed, by the petitioner,
under Article 227 of the Constitution of India, whereby the
petitioner has put to challenge the orders dated 29.07.2024
and 05.05.2025, passed by respondent no.3-Additional
District Magistrate, Udham Singh Nagar and the recovery
citation dated 21.07.2025 issued by respondent no.5.
5. A preliminary objection is raised by the State that
under Section 56 of the Indian Stamp Act, 1899, as
amended vide Uttarakhand Act No.1 of 2016 against the
order passed by the Collector appeal would lie.
6. Learned counsel for the State passed on to this Court
the Uttarakhand amendment incorporated in Section 56 of
the Indian Stamp Act, 1899, which reads as under:-
“(1-A) Notwithstanding anything contained in any
other provisions of this Act, any person including the
Government aggrieved by an order of the Collector under
chapter IV or Chapter V or under clause (a) of the first
proviso to Section 26 may within 60 days from the date
receipt of the order prefer an appeal against such order
to the Chairman Board of Revenue who shall, after giving
the parties a reasonable opportunity of being heard
consider the case and pass such order thereon as he
thinks just and proper and the order so passed shall
be final.”
7. Having perused the said provision, this Court is of the
view that objection of the State counsel is correct.
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8. Accordingly writ petition is dismissed with a liberty to
the petitioner to file appeal against the orders impugned.
(Pankaj Purohit, J.)
25.08.2025
SK