JUDGMENT :

1. Heard learned counsel for petitioners and Mr. Devendra Mohan Shukla, learned State counsel appearing for opposite parties.

2. Petition has been filed assailing order dated 29.03.2006 passed under Section 47A(3) of the U.P. Stamp Act, 1899 as well as order dated 04.10.2007 passed in appeal under Section 56 of the said Act.

3. Learned counsel for petitioners has submitted that petitioners purchased a flat having area of 1473 sq. feet situated on third floor of a building constructed on plot no.B-3/122, Vivek Khand, Gomti Nagar by means of sale deed executed on 06.11.2003.

4. It is submitted that upon presentation of the deed of transfer, the same was registered but referred in terms of Section 47A(3) of the Act after spot inspection was conducted and report dated 18.11.2003 submitted indicating the property in question to have commercial value though Stamp Duty was paid in terms of the property having residential value. The proceedings under Section 47A(3) of the Act culminated in imposition of additional stamp duty along with penalty, which was challenged by the petitioners in Appeal No.552 of 2005-2006 under section 56 of the Act which has also been rejected by means of o