INDERJIT SINGH Vs. PUNJAB STATE

JUDGEMENT

(1.) THIS petition has been filed for issuance of a writ of certiorari quashing the impugned order dated 29. 4. 1994 passed by Collector, Bhatinda Annexure P2 and order dated 10. 9. 1996 Annexure P5 passed by Additional District Judge, Bhatinda, vide which petitioners have been ordered to pay Rs. 32,500.00 as stamp and registration fee in proceedings Under Section 47-A of the Indian Stamp Act, 1899.

(2.) PETITIONER purchased a plot measuring 645 square yards in Khasra No. 2049 for Rs. 1,29,000/situated in Ganesha Basti, Bhatinda. Sale deed No. 4753 dated 3. 11. 1993 was executed in favour of the petitioners by the owner of the land. The same was presented for registration before Sub Registrar, Bhatinda, who after registration of the sale deed submitted report to the Collector, Bhatinda, that the sale seed is insufficiently stamped as the value of the plot has not been correctly mentioned as per Chandra Committee report. According to Chandra Committee report, the price of the land in that locality was fixed Rs. 500.00 per square yards. According to the Chandra Committee report, the price of plot would come to approximately Rs. 3,22,500/ -. In that way, stamp duty purchased by the parties was deficient.

(3.) COLLECTOR did not agree with the objections filed by the vendor and concluded that prevailing price in this locality was at least Rs. 600.00 per square yards. Calculated at this rate, the price of the plot comes to Rs. 3,87,000/:. Stamp duty on Rs. 1,29,000/had already been fixed and he was directed to pay stamp duty on the balance amount of Rs. 2,85,000/5. Petitioner filed an appeal before the Additional District Judge, Bhatinda. Order of the Collector was affirmed in appeal by the Additional District Judge by the impugned order Annexure P5.