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2005 Supreme(All) 2131

VINEET SARAN
SUSHILA VERMA – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
S.K. Lakhtekia, Ramendra Giri, R.K. Sharma and R.B. Srivastava for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Vineet Saran, J.—The petitioner had purchased certain agricultural land measuring 11 Biswas (1254 Sq. meters). According to the petitioner, the said land was purchased for Rs. 1,65,000/-. The stamp duty on the said sale price, which amounts to Rs. 16,500/-, had been paid by the petitioner. However, assessing that the land was undervalued and the stamp duty paid was insufficient, the Sub-Registrar, Phulpur, district Allahabad impounded the document and referred the matter to the District Magistrate, Allahabad under Sections 33 and 47-A of the Indian Stamp Act. By the order dated 5.8.2002 the Collector, Allahabad assessed the value of the land in question at the rate of Rs. 700/- per Sq. meter which was the minimum price as per the circle rate for residential plots of the area; which was between Rs. 700/- and 800/- per Sq. meter. Accordingly, the price of the land was assessed to be Rs. 8,77,800/-. Challenging the said order, the petitioner filed a revision before the Commissioner, Allahabad Division, Allahabad which was dismissed by order dated 9.9.2002. Aggrieved by the aforesaid orders dated 5.8.2002 and 9.9.2002 passed by respondents No. 3 and 2 respectively, the









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