2011 Supreme(All) 2824

[2011(10) ADJ 1 (NOC)]
ALLAHABAD HIGH COURT
SUNIL HALI, J.
DINESH TEWARI ….Petitioner
Versus
COMMISSIONER, GORAKHPUR DIVISION AND OTHERS ….Respondents
(Civil Misc. Writ Petition No. 34727 of 2003, decided on 14th October, 2011)

Headnote:(Indian) Stamp Act, 1899—Section 47-A(2)—Stamp duty—Deficiency in—Determination of market value of property—Mode of—Submission of petitioner that mode adopted by respondents in determining the market value is based upon the report submitted by Naib Tehsildar—Market value of property has to be determined as it exists on the date of execution of sale-deed—Market value of said property has been recorded as residential on the date of sale-deed, i.e., 31.3.1999—No power vested in the Authority to assess market value of property which the property may acquire in future—Impugned orders set aside—Matter remitted back to determine market value—Direction issued.