S TAMILMANI Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE petitioner seeks a writ of certiorarified mandamus to quash the order of the first respondent dated 16. 8. 2004 and a direction to the third respondent to return to the petitioner the sale deed dated 7. 4. 2004.

(2.) AFFIDAVIT in support of the petition is perused. Heard the learned Counsel for the petitioner and the learned additional Government Pleader for the respondents also. The memo of instructions filed by the respondents is also perused.

(3.) ONLY after accepting the highest offer, this Court has issued directions to the Official Liquidator to execute the sale deed. Accordingly, a sale deed was executed by the Official Liquidator in respect of the land and building, in consideration of Rs. 3. 00 crores on 7. 4. 2004. Under such circumstances, there cannot be insistence by the department stating that the stamp duty has got to be paid either for the guideline value or for the higher value, since the machinery forms part of the building. A reading of the sale deed in question would clearly indicate that the assets namely land and building were sold by the Official Liquidator under the sale deed only in consideration of Rs. 3. 00 crores, and hence, the contention of the department has got to be negatived. This Court is unable to notice any reason to hold that the document is undervalued, in view of the fact that it was a sale conducted by the Official Liquidator, pursuant to the orders of this Court, that too in a public auction. Under the circumstances, this Court is of the view that the contentions put forth by the respondents'side to sustain the order under challenge cannot be countenanced, and thus, the order of the first respondent has got to be quashed. Accordingly, it is quashed.