Court No. - 33 Case :- WRIT - C No. - 38886 of 2010 Petitioner :- Smt. Renu Agarwal Respondent :- The Appellate Authority/The Commissioner Varanasi Div.& Ors. Petitioner Counsel :- Ramendra Asthana,Sanjeev Kumar Asthana Respondent Counsel :- C.S.C. Hon'ble Pankaj Mithal,J.
Two points have been raised in this writ petition. First the land in dispute is of
residential use and the authorities have committed an error in determining its
market value as a commercial building solely on the basis of the report of the
Tehsildar. The second submission is that exemplars were filed for the
purposes of determination of market value but ignoring the exemplars simply
on the basis of the circle rate prescribed for commercial land, market value
has been determined which is not legally permissible in view of the decision
in the case of Ram Khilawan Vs. State of U.P. and others 2005(2) AWC
1987.
Learned Standing counsel prays for and is allowed six weeks’ to file counter
affidavit. Two weeks thereafter are allowed to the petitioner for filing
rejoinder affidavit.
List for admission/hearing thereafter.
Until further orders of this Court, the operation of the order dated 12.8.2009
and the appellate order dated 21.6.2010 shall remain stayed provided the
petitioner deposits 50% of deficient stamp duty so determined within a period
of one month from today 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 :- 7.7.2010
piyush