K.K. ENTERPRISES Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has challenged the order passed by the Collector dtd. 21/7/1997 whereby, the petitioner has been directed to deposit a sum of Rs.2,75,000.00 as recovery of the deficit stamp duty having not been paid holding that the petitioner has purchased the peace of land from M/s Lake Palace Hotels and Motels Private Limited, Udaipur for a sum of Rs.20,00,000.00 and has not paid stamp duty.

(2.) Learned Senior counsel appearing for the petitioner submit that the Collector while passing the order has failed to consider the reply filed by the petitioner. It is submitted that sale in terms of Sec. 54 of the TP Act, 1982 was not executed and there was only an agreement to sell executed on 29/9/1980. As on that date stamp duty was not required to be paid on the agreement to sell. It is further submitted that the petitioner was Power of Attorney Holders of the M/s Lake Palace Hotels and Motels Private Limited, Udaipur and as Power of Attorney Holders further sold the piece of land to different individuals and on each sale, sale deeds were executed by them on behalf of the M/s Lake Palace Hotels and Motels Private Limited, Udaipur and stamp duty was paid for the piece of land sold. Thus, there is no occasion for demand of stamp duty and no recovery could be made from the petitioner who has never purchased the land from the M/s Lake Palace Hotels and Motels Private Limited, Udaipur and has only acted as Power of Attorney Holders.

(3.) During the pendency of the writ petition, this Court directed the respondents to make available copy of the sale deed executed by the petitioner in favour of the concerned purchasers and one of the sale deeds, has been placed by the learned counsel for the respondent State.