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2009 Supreme(All) 3887

BHARATI SAPRU
Sangeeta Jain – Appellant
Versus
State Of U. P. – Respondent


Advocates appeared:
K.K. Srivastava,K.P. Tiwari
C.S.C.

JUDGMENT

Hon'ble Bharati Sapru, J.

Heard learned Counsel for the petitioner and learned Standing Counsel for the State.

2. Pleadings have been exchanged and, therefore, this matter is being disposed of at the stage of admission itself. The petitioner has filed the present writ petition being aggrieved by the orders dated 22.9.2008 passed by the Collector (Stamps) under Section 47/33 of the Indian Stamp Act and the order dated 28.1.2009 passed by the appellate authority by which he has confirmed the order of the Collector (Stamps). By both these orders the market value of the land has been assessed. The facts of this case are not in dispute, the instrument was registered by the petitioner on 17.12.2007 and even according to the petitioner although he paid a sum of about ten lacs for the property. He paid stamp duty on the basis of circle rates of a sum of approximately 56 lacs and the stamp duty paid was about 5 lacs 60 thousand.

3. The petitioner rented out the premises within a month to the ICICI Bank on a rent deed of Rs.44,000/- per month, which was to increase after every three years. This fact is also not disputed by the petitioner. There is no evidence to show that the petiti


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