SHAKEEL AHMAD Vs. ADDITIONAL COMMISSIONER JUDICIAL FAIZABAD

JUDGEMENT

(1.) This writ petition has been filed by the petitioner, praying for a writ in the nature of certiorari, quashing the order dated 15.9.2008 passed by the District Magistrate, Barabanki in Stamp Case no.103/44/25/22/07-08 under Section 47-A/33 of the Stamp Act (for short ''the Act') and also for quashing the appellate order passed by the Additional Commissioner (Judicial), Faizabad Division, Faizabad dated 28.2.2009, whereby he has partly allowed the Appeal No.171/100 preferred by the petitioner.

(2.) It is the case of the petitioner that he purchased a part of Gata no.222 situated in Village Asoomau, Pargana Rudauli, Tehsil Rudauli, District Barabanki from the recorded tenure holder Smt. Amrunnisha through registered sale deed dated 28.10.2005. On 1.4.2006, the Sub Registrar, Rudauli, District Barabanki made a spot inspection and submitted a report to the Collector (Stamps), indicating that on the land in question, two shops had been built, each measuring 8X10 feet and that the land surrounding the property was being used for residential purposes. The spot inspection report led to reference being made under Section 47-A/33 of the Act to the Collector (Stamps) and notice was issued to the petitioner to submit his reply.

(3.) The petitioner disputed the spot inspection report and stated that the land purchased by him was agricultural land and was being used for agricultural purposes at the time of sale and the shops were constructed two months after the purchase of the property in question. The petitioner filed some copies of the bills relating to purchase of construction material.