Court No. - 33 Case :- WRIT - C No. - 36136 of 2010 Petitioner :- Quari Hanif Respondent :- State Of U.P. And Others Petitioner Counsel :- D.K. Tiwari Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
The submission of the learned counsel for the petitioner is that the market
value of the land in dispute has been determined by treating it to be a land of
commercial use whereas it is residential in nature. Secondly, no exemplar in
determining the market value has been taken.
Learned Standing counsel prays for and is allowed six weeks to file counter
affidavit. Two weeks thereafter are allowed to the petitioner to file rejoinder
affidavit.
List immediately on the expiry of the aforesaid period.
Until further orders of this Court, the operation of the impugned order dated
23.9.2009 and the appellate order dated 31.5.2010 shall remain stayed
provided the petitioner deposits the entire deficient stamp duty so determined
within a period of one month from today which shall be kept in a separate
account and be invested in a fixed deposit with a Nationalized Bank initially
for a period of one year subject to renewal, if necessary. The amount already
deposited before the authority below shall be given adjustment.
In the event of default in depositing the aforesaid deficient stamp duty within
the time stipulated, the stay order shall automatically come to an end.
Order Date :- 8.7.2010
SKS