RADHESHYAM DEVELOPERS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition, petitioner has challenged the order dated 19.9.2015 passed by the respondent No.4, while exercising the powers under Section 33 and 32A of the Gujarat Stamp Act, 1958 (hereinafter referred to as 'the Act').

(2.) Learned advocate Mrs.Pahwa appearing for the petitioner, at the outset, submitted that the petitioner is not pressing the relief for quashing and setting aside the order dated 18.4.2013 passed by the Deputy Collector and therefore, the only relief which is required to be examined in this present petition is with regard to the order dated 19.9.2015 passed by the respondent No.4.

(3.) Learned advocate for the petitioner has submitted that the petitioner has purchased the property in question in auction held before this Court. The market value fixed during the course of auction proceedings for the subject land is Rs.7,30,00,000/­. The auction process was held in the year 2007, however, when the sale deed was registered in the year 2015, the respondent authority passed an impugned order and observed that the market value as on date of the registration of the sale deed i.e. for the year 2015 is required to be considered and accordingly, the respondent authority has considered the market value of the property in question on the basis of the jantry value of year 2011, as Rs.24,12,84,000/­ and accordingly, the petitioner is asked to pay deficit stamp duty.