LAXMI PRAPANNACHARYA Vs. STATE OF U P

JUDGEMENT

(1.) By the present writ petition, the petitioner has sought a writ of certiorari quashing the orders dated 18-4-1995 and. 21-6-1993 by which the petitioner was directed to pay deficit stamp duty.

(2.) Briefly stated notice was issued to the petitioner under Section 47A of the Stamp Act, for realisation of the deficit stamp duty on a trust deed executed in respect of a property situated at Tilak Marg, Rishikesh and belonging to Mahant Ashok Prapanna of temple of Bharat Ji Maharaj. The petitioner objected for realisation of stamp duty on the ground that on 31-3-1992 trust was constituted and there is a temple over the land. The petitioner has submitted that the trust deed dated 31 -3-1992 is not a settlement of property but it is a simple trust deed and is not amenable to the stamp duty.

(3.) The counsel for the petitioner has raised two points : (1) That the document dated 31-3-1992 being a trust deed cannot amount to settlement. (2) The market value assessed Rs. 400/- per sq. metre for the land and Rs. 1500/- per sq. metre for the building is wholly illegal.