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JAISHREE THAKUR
Sudhir Kant – Appellant
Versus
Commissioner, Faridkot Division, Faridkot – Respondent
| Table of Content |
|---|
| 1. challenge to orders regarding deficient stamp duty. (Para 1 , 2) |
| 2. arguments regarding registration and notice validity. (Para 3 , 4) |
| 3. analysis of statutory time limits for notices. (Para 5 , 6 , 7) |
| 4. writ petition allowed; orders quashed. (Para 8) |
JUDGMENT :
(Jaishree Thakur, J.)
The instant writ petition has been filed under Articles 226/227 of the Constitution of India, seeking to challenge the order dated 06.10.2016 (Annexure P3) passed by the Additional Deputy Commissioner-cum-Collector, Bathinda (hereinafter referred to as the Collector) whereby, the petitioners have been directed to pay an additional amount of Rs.2,00,500/- along with interest @ 12% from the date of registration of the sale deed till the deposit of the amount towards deficient stamp duty and registration fee pertaining to sale deed registered on 22.09.2010 and the order dated 27.11.2018 (Annexure P5) passed by the Commissioner, Faridkot Division, Faridkot, affirming the order of the Collector.
2. In brief, the facts as stated are that the petitioners purchased land measuring 310 square yards equivalent to 6 biswas situated at Patti Mehna, Bathinda as per jamabandi for the year 2002-03. A su
The importance of timely reference to the Collector for determination of stamp duty and the significance of communication of the order for conferring the status of an order.
The main legal point established is that the Sub-Registrar must refer any instrument for determination of property value immediately after registration, and the Collector's authority to initiate acti....
Recovery proceedings for deficit stamp duty must be initiated within three years from the date of registration of the instrument, and the person concerned must be given a reasonable opportunity of be....
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