20/11/2015
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HC stays e-stamping in J&K
Govt order hits Article 370: Petitioners
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Hearing a petition by representative body of 309 stamp vendors seeking scrapping of government order (77-f of 2013 on 25-03-2013), SRO-402 notified on 16-09-2013 and the agreement entered by the State through Commissioner of Stamps with Stock Holding Corporation of India, a bench of Justice Hasnain Massodi put the order in abeyance.
In their plea, the stamp vendors through Advocate Mian Abdul Qayoom pleaded that the government order was in conflict with the mandate of section 74 of J&K Stamp Act 1977 saying it not only deprives them of livelihood but brings an agency that is not permitted to deal with stamps in terms of the Act.
“The impugned order and notification where-under an outside agency is bestowed with the power of purchase and sale of stamps is also hit by Article 370 of the Constitution of India and the other laws which are prevalent in the State of Jammu and Kashmir and forbid such a procedure as, as such, same are liable to be set aside,” the petitioners pleaded.
By introducing e-stamping system, the petitioners pleaded, the respondents have virtually allowed an outside agency to have monopoly on the sale of stamps in the State of Jammu and Kashmir which is not permissible under law.
“The respondents may be directed not to switch over to e-stamping system or authorize any person to operate it in the state but allow licenced stamp vendors to perform the job in accordance with section 74 of the Stamp Act,” the association submitted.
The petitioners pleaded that 309 members of the association are duly licensed stamp vendors and they have been selling stamps to the public strictly in accordance with the terms and conditions of their licences. “By the involvement of an outside agency, it is bound to deprive all the stamp vendors of their livelihood and will render them jobless. The stamp vendors are doing the job of selling stamps manually from the time of Maharaja Gulab Singh and if e-stamping is launched, they would be rendered jobless,” they submitted.
“We approached the government many times regarding the same but there was not response from it, forcing us to move court for the protection of our legal, fundamental and constitutional rights, in exercise of its extraordinary writ jurisdiction vested in it under Article 226 of the Constitution of India, read with section 103 of the Constitution of J&K State,” the stamp vendors pleaded.
Issuing notice to the government for objections, the court directed the government not to act upon the impugned order till next date of hearing on December 3.