Court No. - 33 Case :- WRIT - C No. - 39457 of 2010 Petitioner :- Rais Ahmad Respondent :- Chief Controlling Revenue Authority & Others Petitioner Counsel :- Govind Krishna Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Two submissions have been made. First, the land in dispute is agricultural in
nature and nature has not changed. Secondly, even if it is assumed to be non-
agricultural in nature, its market value is not liable to be determined merely
on the basis of circle rate but on the basis of the exemplars which procedure
has not been followed.
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 03.06.2010
and 25.1.2010 shall remain stayed provided the petitioner deposits half of the
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 :- 9.7.2010
piyush