STATE OF U P Vs. BRIJENDRA KUMAR GUPTA

JUDGEMENT

(1.) Heard learned standing counsel for the petitioner State and Shri P.K.Jain, learned Senior Counsel for the respondents.

(2.) Through registered sale deed dated 12.7.1999 presented for registration on 13.8.1999 respondents purchased a cinema building. Total area of the land including the constructed portion was 1904.64 Sq. Meter. Sale consideration was shown to be Rs.89,25,000/- however, stamp duty was paid on the market value of Rs.1,02,00,000/-. At the relevant time the rate of commercial land as shown in the circle rate circulated by the Collector was Rs.10,000/- per sq. meter. In the sale deed the value of machinery and fitting etc was shown to be Rs.2,65,000/-. Sub Registrar (II), Meerut impounded the document before registering the same and sent the same to Collector, Meerut alongwith report dated 16.8.1999. According to the said report total value of the land was Rs.1,90,46,400/-. Thereafter an amount of Rs.85,70,880/- was determined as market value of the construction. The said figure was arrived at by multiplying presumptive monthly rent at the rate of Rs.15/- per sq. meter by 25 years. Adding the value of machinery etc as Rs.2,65,000/- to the above two figures the total market value was determined to be Rs.2,78,82,280/-. Payable stamp duty was determined to be Rs.27,88,300/- (at the rate of 10%). After deducting the stamp duty of Rs.4,25,000/- paid on the sale deed recovery of Rs.2,36,23,000/- was recommended.

(3.) In the sale deed copy of which is Annexure-1 to the writ petition it is mentioned that earlier agreement for sale had been executed on 2.2.1999 on which stamp duty of Rs.5,95,275/- had been paid hence remaining amount of Rs.4,25,000/- from the total requisite stamp duty of Rs.10,20,275/- was beind paid. The Registrar in his report dated 16.8.1999 mentioned that regarding agreement documents were not available with him.