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2008 Supreme(All) 2181

BHARATI SAPRU
RAM IQBAL SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


JUDGMENT

Hon’ble Bharati Sapru, J.—Heard learned counsel for the petitioner and Shri S.K. Malhotra, learned Standing Counsel for the respondent State.

2. This writ petition has been filed by the petitioner being aggrieved by the order passed by the authorities in proceedings under Section 47-A of the (Indian) Stamp Act. The impugned orders are dated 25.9.2004 and 28.2.2006.

3. The facts of the case are that the petitioner purchased plot No. 541 area .012 hectare situated in village Khujji, Tahsil Kerakat, District Jaunpur by means of sale deed dated 1.7.2003. It is the contention of the petitioner that on the date of purchase and registration of the sale deed, the land was recorded in the revenue records as agricultural land. A copy of the Khasra has been appended as Annexure-2 to the writ petition.

4. Proceedings were initiated against the petitioner on the basis of a complaint made by a person alleging that the petitioner had short paid the stamp duty. The petitioner had paid @Rs.1,10,000/- per decimal, whereas he ought to have paid 4.50 lakhs per decimal.

5. The Sub Registrar, Kerakat vide report dated 14.7.2003 reported the deficiency in stamp duty. The petitioner had filed an o










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