PREM SINGH Vs. STATE OF U P

JUDGEMENT

(1.) By means of this writ petition, the petitioner is challenging the orders dated 21.1.2000 and 21.5.2000 passed by the Chief Controlling Revenue Authority, Agra Commissioner Agra Division Agra and the Additional District Magistrate/(Finance and Revenue) Agra, respectively. The facts of the case, in brief, are that a deed was executed by one Ram Babu in favour of the petitioner on 20.11.1996 in respect of the plot No. 960 area measuring 15 biswa situated in Mauja Kakretha, Tehsil and District Agra for a consideration of Rs. 5,000/-. By this deed the said Ram Babu assigned and released his rights in respect of the acquired land in question in favour of the petitioner. A Stamp duty amounting to Rs. 727/- was paid by the petitioner as per Article 55 of Schedule 1-B of the Indian Stamp Act, 1899 (hereinafter referred to as the Act, 1899).

(2.) The case of the petitioner was that the land in question had been acquired by the U.P. Awas Avam Vikas Parisad under Section 28 of the U.P. Awas Avam Vikas Parishad Adhiniyam, 1965 (hereinafter referred to as the Adhiniyam, 1965) corresponding to Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act, 1894) vide notification dated 4.4.1970. A declaration under Section 32 of the Adhiniyam, 1965 corresponding to Section 6 of the Act, 1894 was made on 20.6.1980. Possession of the land was taken by the U.P. Awas Avam Vikas Parishad on 20.3.1985 and an award was made on 26.8.1985.

(3.) The case of the petitioner, however, was that the original tenure holder of the plot Nos. 960 and 959 was one Gambhir Singh. The said Gambhir Singh executed a deed in respect of plot No. 959 on 2.12.1986 in favour of the petitioner. This deed was also an assignment and release of rights in the property. A similar deed of plot No. 960 area 15 biswa was transferred in favour of the one Ram Babu vide deed dated 3.9.1985 assigning and releasing his rights in the property in favour of Ram Babu and on the said sale-deed stamp duty of Rs. 425/- was paid per Article 55 of Schedule 1-B of the Act, 1899. Subsequently, the said plot was transferred by Ram Babu in favour of the petitioner.