Court No. - 33 Case :- WRIT - C No. - 39007 of 2010 Petitioner :- Smt. Nirvesh Sharma And One Another Respondent :- State Of U.P. & Anr. Petitioner Counsel :- G.R.S. `Pal' Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
On the sale deed in question stamp duty as per residential use was paid and
the document was registered. On reference under Section 47A of the Indian
Stamp Act the authorities have determined the market value treating the
property to be of commercial nature only for the reason that it is located on a
crossing near fruit market without relying upon any exemplars.
Learned Standing counsel prays for and is allowed 6 weeks time to file
counter affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List thereafter.
Until further orders of this Court, the operation of the orders dated 24.03.2009
and 31.3.2010 shall remain stayed provided the petitioner deposits entire
deficient stamp duty so determined in two equal installments, the first to be
deposited within one month from today and the second within another one
month thereafter which shall be kept in a separate account and invested in a
fixed deposit with a nationalized bank initially for a period of one year subject
to renewal, if necessary. Any amount of stamp duty already deposited by the
petitioner shall be given adjustment.
In the event of default in depositing the deficient stamp duty within the time
stipulated, the stay order shall automatically come to an end.
Order Date :- 8.7.2010
piyush