STATE OF ORISSA Vs. DIPAK MITRA

JUDGEMENT

(1.) This review petition has been filed by the State of Orissa and its officers to review the order dated 2-11-2011 passed by this Court in WPC No. 22360 of 2011 setting aside the order dated 23-7-2001 passed by the Stamp Col-lector-cum-Inspector General of Registration, Orissa, Cuttack and directing the opposite parties to assess the market value of the property in question on the basis of bench mark valuation fixed by the State Government.

(2.) Opposite party No. 1 purchased a piece of land measuring Ac. 2.36085 decimals appertaining to plot Nos. 975, 976 and 974 of village Bidyadharpur, P. S. No. 4 under Cuttack City for consideration of Rs. 12 lakh vide sale deed No. 1245 dated 16-3-2007 from one Biswanath Swain and six others, but the sale deed was withheld on the ground that the property has been undervalued. The DSR assessed the market value of the property at Rs. 1,41,79,800/- on the basis of sale value of another plot bearing plot No. 1098 of same village observing that the land transferred under the sale deed in question has the potentially of being used for commercial purpose in future. The ADM vide order dated 24-7-2008 in UVMC case No. 117 of 2008 having held that plot No. 1098 and the plots transferred under the sale deed in question are adjacent to the road and can be used for commercial use in future, affirm the order of the DSR assessing the market value of the property in question at Rs. 1,41,79,800/-. Accordingly notice was issued to the opposite parties to pay deficit amount of stamp duty of Rs. 14,27,778/- and a sum of Rs. 2,59,596/-as deficit registration fees., whether after the sale deed can only be returned to him.

(3.) Challenging the said decision of the A. D. M., opposite party preferred F. A. O. 39 of 2009 under Section 47-A(3) Indian Stamp Act, 1889 before the learned District Judge, Cuttack, who by order dated 30-4-2011 allowed the appeal set aside the impugned order and remitted back the matter to the Stamp Collector - IGR to determine the maket value of the case land by making an independent enquiry taking into consideration all relevant factors and the decision of this Court in WPC No. 10194 of 2009 (Pratap Kumar Soor & Anr. v. State of Orissa and Ors.). Thereafter, the Stamp Collector-cum-IGR, Orissa vide order dated 23-7-2011 after considering the highest sale details in the area during the preceding three years came to the conclusion and held that the market value of the land is Rs. 6000/- per decimals. So holding he determined the market value of the property transferred under the Instrument in question at Rs. 1,41,79,800/- and called upon the opposite party No. 1 to pay the deficit stamp duty and deficit registration fee, as stated supra. Aggrieved by the decision of the IGR-cum-Stamp Collector on remand, the petitioner preferred WPC No. 22360 of 2011 which was allowed by this Court on 2-11-2011 holding that the valuation of the property has to be determined according to the Bench Mark valuation fixed by the authority during the year 2007 and dispose of the matter. The review petitioner preferred Special leave to appeal to Supreme Court against the aforesaid order which was permitted to be withdrawn in order to file a review petition before this Court and that is how the present review petition has been filed.