JATINDER KUMAR Vs. COMMISSIONER, AMBALA DIVISION AND ORS.

JUDGEMENT

(1.) THIS order will dispose of CWP Nos. 7886 of 2009, 7897 of 2009 and 7918 of 2009. For facility of reference, facts are being mentioned from CWP No. 7886 of 2009.

(2.) THIS writ petition has been filed to lay challenge to order dated 26.2.2007 (Annexure P3) and order dated 28.11.2007 (Annexure P6) directing the petitioner to deposit an amount of Rs. 3,35,200/ -towards payment of deficient stamp duty, affixed on the sale deed which was executed on 7.12.2004.

(3.) COUNSEL for the petitioner, by placing reliance on a Division Bench judgment of this Court in Naresh Kumar and Ors. v. State of Haryana and Anr., 2004 (4) R.C.R. 217, has vehemently argued that the Collector, before passing the impugned order Annexure P3, has not conducted an enquiry, as is envisaged under the provisions Section 47 -A of the Act. He further argued that the petitioner was not given an opportunity to lead evidence, which has resulted into grave loss to him. Counsel also averred that to rebut spot inspection report, no opportunity was provided to the petitioner. By stating as above, he prayed that this writ petition be allowed and the impugned orders be set aside.