ALLAHABAD HIGH COURT
BEFORE : PRAMOD KUMAR SRIVASTAVA, J.
ASHWINI KUMAR ....Petitioner
Versus
STATE OF U.P. AND OTHERS ....Respondents
(Civil Misc. Writ Petition No. 62796 of 2015, decided on 11th January, 2017)
Result; Petition Allowed.
Hon’ble Pramod Kumar Srivastava, J.—Registered sale-deed dated 3.9.2011 was executed by vendors Ranvir Singh, Satvir Singh, Rakam Singh and Ashok son of late Fatte Singh in favour of petitioner Ashwani Kumar son of Kailash Chandra Verma, by which agricultural land of Khasra No. 262, Khatauni No. 00237 situated in village Noornagar, Pargana, Tehsil and District Meerut, area 1.1210 hectare was sold for a consideration of Rs. 1,34,52,000/-. This sale-deed was executed for the agricultural Bhumidhari land. It was mentioned in said sale-deed that property being sold is agricultural land and it is being sold for the agricultural purposes, and there is no tree or boring on this land, but there exists a private tube-well, and it is irrigated by private tube-well, and also that this land is not situated over national highway, district road or link road and not within area of 200 meters of Abadi. Admittedly, at the time of registration of said sale-deed, proper stamp fees was paid according to circle rate prescribed by Collector.
2. After execution of said sale-deed Stamp Case No. 75/13-14/V-03/2012-13, under Section 47-A of Indian Stamp Act, 1899 was registered and Collector (Stamp) issued notice to petitioner by which petitioner was required to pay additional stamp-duty for aforesaid sale-deed.
3. Against said notice, the petitioner had submitted his reply on 23.9.2013 in said stamp case, through which it was stated that he had purchased the land through said sale-deed for purposes of agricultural and has been cultivated the same. Even according to report submitted before the Court (of respondent), the agricultural use was found over said land. Said land was being used for agricultural purposes at the time of purchase, and also at the time of inspection and proper stamp-duty was paid according to circle rate of such land; therefore the notice should be discharged. This objection submitted by petitioner in aforesaid stamp case was supported with his affidavit.
4. After receiving reply of notice and affording opportunity of hearing, the respondent No. 3 Collector (Stamp) had passed judgment dated 27.2.2015 in aforesaid stamp case (new No. V-03/2013 D 2013115200746), by which it was held that the land purchased through sale-deed in question is situated near under construction residential colony, and the petitioner had not given any evidence that may prove that said land is not near or adjacent to Green Village Residential colony, therefore it is found that within 200 meters of said land residential activities are being carried out, which were not mentioned in said instrument of sale-deed. On the basis of this finding, the respondent No. 3 ADM had accepted the report of Assistant Collector (Stamp) and directed the petitioner to pay the deficient stamp fees of Rs. 7,84,660/- from the date of its execution dated 3.9.2011 alongwith interest at the rate of 1.5% per mensem.
5. Aggrieved by said judgment dated 27.2.2015, the petitioner had preferred Stamp Revision No. 4/2014-15 (Ashwani Kumar v. State of U.P.), under Section 56 of Indian Stamp Act. In said judgment revisional Court had held that by order dated 8.11.2011, the District Maigstrate/Collector, Meerut had issued new circle rates, in which it was mentioned that if property being used for agricultural purposes is situated within 200 meters of area where residential activities are being carried out, so for the purposes of stamp-duty 20% stamp-duty will be enhanced on agricultural circle rate. Said revisional Court had held that in this matter revisionist (present petitioner Ashwani Kumar) had not adduced any fact, which may prove that disputed property is not within 200 meters of residential colony, therefore, it cannot be accepted that such land is not within 200 meters of area of residential activities and it cannot be used for residential purposes or it will not be acquired for purposes of road. On the basis of such findings, the revisional Court had confirmed the finding of
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.