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Smt. Hina Rahman Adult W/O Kamran Rahman v. State Of U.P. Thru' Secy. Institutional Revenue And Others - WRIT - C No. 42101 of 2006  RD-AH 13034 (4 August 2006)
Court No. 1
Civil Misc. Writ Petition No. 42101 of 2006
Smt. Hina Rahman ..............Petitioner
State of U.P. and others.....Respondents
Hon'ble Yatindra Singh, J.
Hon'ble Ran Vijai Singh, J.
M/s O.M. Hrim Real Estates executed the lease deed in favour of petitioner on 27.5.2006. Petitioner presented lease deed for registration on the same day before respondent no.3. No order is being passed by respondent no. 3. Hence, the present writ petition.
We have heard learned counsel for petitioner and standing counsel for respondents. Learned counsel for petitioner submits that:
1. The property in dispute lies in Cantonment, Kanpur and the sufficient stamp duty according to circle rate in Cantonment, Kanpur has been fixed.
2.The question whether the property lies in the Cantonment Board or in Civil Lines area has already been determined by the Chief Controlling Revenue Authority by his order dated 20.12.2005 and such stamp duty cannot be calculated on the basis of Circle Rate as applicable in Civil Lines, Kanpur.
3. The petitioner is required to pay stamp duty at the rate of market value of the property calculated on the basis of Circle Rate applicable in Civil Lines, Kanpur.
It is not necessary to decide this question in this writ petition at this stage.
The respondent no. 3 has not passed any order thereupon. It is open to respondent no. 3 either to pass an order on the contention raised by petitioner at this stage under Section 47(1)(a) of Stamp Act and in case, it is held that the lease deed is not properly stamped then the matter can be referred to the Collector under Section 47 (1) (d) of the Stamp Act. The respondent no. 3 may pass the appropriate order on the lease deed submitted by the petitioner. Petitioner has also remedy by means of approaching the Collector under Section 31 of Stamp Act.
With these observations, the writ petition is disposed of.
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