Court No. - 33 Case :- WRIT - C No. - 37969 of 2010 Petitioner :- Munesh Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Tripathi B.G. Bhai 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 applying the circle rate
applicable to the land situate on the main road whereas the land in dispute plot
no. 105 is situate about 60 to 65 meters away from the main road and as such
lower rate is applicable for determining its market value. The situation of the
land away from the main road is clear from the report of the Tehisdar dated
17.10.2008/25.11.2008 but the authorities below without considering the said
report and on the basis of the reference report submitted by the Sub-Registrar
which was only relevant for drawing the proceedings has held otherwise.
Learned Standing counsel prays for and is allowed six weeks for filing
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 impugned orders dated
13.4.2009 and 25.3.2010 shall remain stayed provided the petitioner deposits
half of the deficient stamp duty so determined within a period of one month
from today and another half shall be deposited within next 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 :- 3.7.2010
SKS