PATELS AIRTEMP INDIA LTD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) RULE. Learned AGP waives service of notice of Rule for the respondents. By way of this petition, the present petitioner has challenged the impugned order passed by Dy. Collector, Stamp Duty Valuation, Sector 11, Gandhinagar dated 24/1/2005/3/2/2005. Heard the learned advocate for the petitioner and the learned AGP for the respondents.

(2.) IT is submitted by the learned advocate for the petitioner that without giving any details regarding determination of market value, in printed form, order was passed by the Dy. Collector, Stamp Duty Valuation, Gandhinagar in a casual manner. It is submitted by him that after taking into consideration certain principles regarding determining the market value of the land, he has passed the impugned order on the basis of which he has valued the property in question at an excessively exorbitant rate and therefore, deficit Stamp Duty of Rs. 1,04,875/-,fine of Rs. 250/- and penalty of Rs. 500/- was required to be paid to the authorities. It is submitted by him that the respondent authority has not considered the fact that the petitioner has purchased the plots in question by paying the market value which was prevailing at the relevant time. It is also submitted by the learned advocate that the Reference application submitted by the petitioner was not accepted by the competent authority on the ground that the same is not within the limitation period. Therefore, it is prayed that the decision of the respondent authority is required to be quashed and set aside.

(3.) IN support of his submission, the Learned advocate has placed reliance on the following decisions of this court: (1) 2003 (1) GLR 454 vol. 44 (Pradhyaumanbhai Mohanlal Patel v. State of Gujarat (2) 2006 (3) GLR 2252 (Mayurkumar J Patel v. Dy. Collector, Stamp Duty Valuation Department, Rajkot)