Court No. - 28 Case :- WRIT - C No. - 43529 of 2010 Petitioner :- Chitresh Singh And Anr. Respondent :- State Of U.P. Thru. Collector Ghaziabad And Others Petitioner Counsel :- Nitin Gupta Respondent Counsel :- C.S.C. Hon'ble Sanjay Misra,J.
Heard Sri Nitin Gupta, learned counsel for the petitioner.
The petitioners purchased the plot having area 350.62 Sq. meter by
sale-deed 6.9.2006 for a sum of Rs. 7,05,000/-. However, for the
purpose of payment of Stamp Duty the valuation of the plot was
made at the circle rate of Rs. 17,000/- per Sq. meter and a sum of
Rs. 5,96,100/- was paid as Stamp Duty. He submits that earlier the
Collector, Ghaziabad passed an order for payment of Stamp Duty
on the basis that the value of the property at Rs. 20,000/- per Sq.
meter. However, the said order was set aside in an appeal and the
impugned order dated 29.12.2009 has been passed, whereby the
Authority has demanded stamp duty at the rate of Rs. 19,000/- per
Sq. meter.
Learned counsel for the petitioner has submitted that although the
purchase of the property was only for Rs. 7,05,000/- but for the
purpose of payment of Stamp Duty, it was calculated at the rate of
Rs. 17,000/- per Sq. meter, which is admittedly the circle rate and
therefore, the demand of Rs. 70,100/- raised by the impugned
order on the basis of Rs. 19,000/- per Sq. meter is illegal and is
liable to be set aside. He also submits that the said rate of Rs.
19,000/- per Sq. meter has been arbitrarily fixed without any
reason or any cogent evidence.
Learned Standing Counsel appearing for the respondents prays for
and is granted three weeks’ time to file counter affidavit.
In view of the aforesaid circumstances, until further orders of this
Court, the recovery sought to be made from the petitioner by virtue
of the impugned order dated 29.12.2009 passed by the respondent
no.1 and the appellate order dated 31.5.2010 passed by the
respondent no.2 shall remain stayed, provided the petitioners
furnish security other than cash or bank guarantee of an amount of
Rs. 77,000/- before the respondent no.1 within one month from
today.
Order Date :- 27.7.2010/Lbm/-