MAHESH CHANDRA GUPTA Vs. STATE OF C.G

JUDGEMENT

(1.) BY this writ petition under Article 227 of the Constitution of Indian the petitioner has challenged the legality & propriety of the order dated 26.02.2009 (Annexure P/1) passed by the board of Revenue, Bilaspur, in Review Case No. R.W./02/S.A./B-105/74/08filed against its order dated 07.10.2008 passed in Appeal Case No.36/B-105/2003-04, whereby the order passed in appeal has been reviewed and the Board of Revenue has directed of payment of stamp duty leviable as on the date of execution of agreement to sell.

(2.) BRIEF facts necessary for disposal of this writ petition are that the petitioner and respondent No. 3 entered into agreement to sell the property on 13.12.1980. Thereafter civil suit for specific performance of contract was filed and on 17.06.2003 after final adjudication sale deed was presented for registration before the Sub-Registrar. The matter was referred by the Sub-Registrar under Section 47-A (1) of the Indian Stamp Act, 1899 (for short 'the Act') to the Collector of Stamps. The Collector of Stamps after providing opportunity of hearing to the parties has valued the suit property for the purpose of stamp duty and registration as Rs. 54,46,200.00 i.e. leviable from the date of registration of the documents. Same was challenged before the Board of Revenue and the Board of Revenue has initially dismissed the appeal vide order dated 07.10.2008 in Appeal Case No. 339/B-105.0004. Again review petition was filed and by order impugned the Board of Revenue has reviewed its own order and directed the payment of stamp duty on the basis of market value from the date of execution of agreement to sell i.e. 13.12.19880.

(3.) LEARNED counsel for the petitioner submitted that crucial question for determination in this petition is the date of payment of stamp duty. Learned counsel further submitted that on 13.12.1980 the parties have entered into agreement to sell and on that day they have not executed any deed of sale, any document was not available for registration. After final adjudication when the parties were in position to execute the sale deed,. Then sale deed was prepared for execution. As per law, stamp duty was leviable as on the date of registration of sale deed and notas on the date of agreement to sell.