Court No. - 33
Case :- WRIT - C No. - 5402 of 2010
Petitioner :- Smt. Pratima Devi
Respondent :- State Of U.P. And Others
Petitioner Counsel :- P.K. Jain
Respondent Counsel :- C.S.C.
Court No.33
CIVIL MISC. WRIT PETITION NO.5402 OF 2010
Smt. Pratima Devi, W/o Late Sri Dayal
R/o Nagla Abhai Raj, Mauza Ujrai, Tahsil,
Shikohabad, District Firozabad. ....Petitioner
Versus
State of U.P. and others. ....Respondents
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Hon'ble Bharati Sapru, J.
Heard learned counsel for the petitioner and learned
Standing Counsel.
This matter relates to Gata No.475 measuring 4.561
hectare of the land in respect of the sale deed
registered on 4.7.07 of district Firozabad.
This writ petition has been filed by the petitioner being
aggrieved by the order of the Collector dated 10.10.08
and 29.12.09 passed in revision. Both these orders
have been passed in proceedings emanating under
Section 47A of the Indian Stamp Act. By both these
orders, the authorities concerned have imposed stamp
deficiency of a sum of
Rs.54,080/- along with an equal penalty of Rs.54,080/-.
Counter affidavit and rejoinder affidavit have been
exchanged. I am disposing of this matter at the stage of
admission itself.
From a plain perusal of the order passed by the
Collector as well as Commissioner, it is abundantly
clear that there is no
consideration whatsoever, for the escalation in the
evaluation of the stamp deficiency.
Ostensibly, it seems that the petitioner had applied for
the value of lease evaluated on the basis of its situation
at the relevant time and even now, it has come on
record that the land is situated near to the railway line.
However, even though the State relies on an inspection
report of the Upzilladhikari, Firozabad dated 26.3.08, no
reliance can be placed on it because there is no
discussion in the inspection report with regard to the
evaluation of the land. The matter, therefore, requires
reconsideration by the Collector.
This Court remand the matter to the Collector, who will
get the property inspected and confirm the situation of
the property. He will give to the petitioner an opportunity
of hearing and thereafter, pass a fresh order in
accordance with law.
The matter on remand will be decided within a period of
three months from the date a certified copy of this order
is being placed before the authority concerned. A copy
of this order may be placed before the authority
concerned within a period of three weeks from today.
Till decision afresh no recovery shall be made from the
petitioner. In case the petitioner has made any deposit
of money in pursuance of the impugned order or in
pursuance of any interim order of this Court, the same
shall remain in deposit and shall be subject to fresh
order being passed by the Collector.
The impugned orders dated 10.10.08 and 29.12.09 are
hereby quashed.
This writ petition is allowed.
Dated :9.8.10
L.F./5402/10/24