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Ram Kishan & Another v. State Of U.P. & Others - WRIT - C No. 19875 of 2007 [2007] RD-AH 7545 (24 April 2007)


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Court No. 21.

Civil Misc. Writ Petition No. 19875 of 2007.

Ram Kishan                            ...                      Petitioner.


State of U.P. and others.         ...                     Respondents.

Hon. Sunil Ambwani, J.

Heard learned counsel for the petitioner and learned Standing Counsel.

The Commissioner, Kanpur Division, Kanpur, while hearing appeal under Section 47A(3) of the Stamp Act in respect of sale of 0.11 decimal land situate at village-Papiyapur, Pargana-Pahara, Tehsil-Sadar, District-Farrukhabad, has found that there is no agricultural land on the  three sides (boundaries) of the land purchased by the petitioner.  The petitioner  purchased the 890 Sq. Mt. Land for constructions whereas stamp duty was paid treating it to be agricultural land.  The residential rate of the land is fixed at Rs.700/- per sq.mtr. according to which the land measuring  890 sq.mtr. is valued at Rs.6,23,000/-.  The petitioner has paid  only Rs.7200/- as stamp duty on a valuation of  Rs.7,000/-.  

Learned counsel for the petitioner has filed a copy of the sale deed to support his  submission that the land is far away from the abadi and is about 300 meters away from the road.   The sale deed produced by the petitioner has not given the boundaries of the land to demonstrate that the findings recorded by the revenue authorities are incorrect.

I have gone through the orders passed by the Stamp Collector/District Magistrate, Farrukhabad in his order dated 30.8.2006, and the Commissioner, Kanpur Division, Kanpur dated 5.2.2007 and do not find any error of law in the findings that the land was purchased for constructions.  The land is used for and bounded on all sides with residential constructions and


was actually purchased for residential construction. On the inspection it was not found to be used for agriculture. The petitioner had made plots and has filled the plinth.  The prescribed rate for stamp duty of residential land of village papiapur is Rs.700/- per sq meters according to which the  deficiency of stamp duty is worked out at Rs.63,760/-.  The interest rate is prescribed under the statutory rules.  The penalty of Rs. 20,000/- on the deficiency is not so excessive to cause any interference in the matter.

The writ petition is dismissed.

Dt. 24.4.2007.



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