JUDGMENT :

[Umesh Chandra Sharma, J.]

1. Heard Sri Pradeep Kumar, learned counsel for the petitioner, Sri Satish Mohan Tiwari, learned Standing Counsel for the State and perused the material available on record.

2. This writ petition has been filed by the petitioner to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 20.07.2004, passed by the Collector, Etawah and order dated 27.12.2004 passed by Revisional Court (C.C.R.A).

3. In brief facts of the case are that the U.P.F.C under Section 29 of the U.P. Financial Corporation Act 29 of the State Financial Corporation Act has taken the possession of one Cold Storage situated in Village Lakhana known as Durga Cold Storage in recovery action of its loan. It was lying for about decay in the custody of U.P. Financial Corporation and it has come almost in the junked shape when the advertisement has been made by U.P. F.C to sell it in the year 2002.

4. The petitioner's highest bid was accepted for the sale of Cold Storage by the U.P.F.C on a sum of Rs.15,00,000/-(fifteen lacs), which has been registered later on before the Sub Registrar Bharthana, District Etawah on 14.06.2002.

5. The Collector, Etawah has issued the notice and impounded the sale-deed on the ground that the sale consideration amount is less to the actual price etc. The petitioner submitted the reply to the Collector, Etawah against the notice issued under Section 47-A of Indian Stamp Act, which was registered as Case No. 04 of 2003-04 – (State Vs. Devendra Bahadur Singh).The petitioner in his objection has categorically stated that the sale consideration amount, which has been paid by him, was the actual price of the dilapidated Cold Storage Building, where there was no plant and machinery and it was not in working condition. The offer was made by the petitioner on the advertisement issued by the U.P.F.C and the highest offer of the petitioner was accepted by the U.P.F.C for a sum of Rs. 15,00,000/-on which the stamp duty was paid by the petitioner. The Principal Secretary has issued the departmental order dated 26.11.2001. The amount is the actual market value of the property, no less stamp has been paid by the petitioner. The said order passed by the Principal Secretary is appended as Annexure No. 1.

6. Earlier the State Government had issued an order 31.05.2001, whereby the State Government had taken the decision that if any corporation has sold the attached property then the consideration amount, which has been paid, be treated to be the actual consideration amount and the registration shall be made on the sale consideration amount. The said G.O has been appended as Annexure No. 2.

7. The State Government has again issued direction on 30th June, 2001, which is appended as Annexure No. 3. Recently on 01.07.2004, the State Government has again issued a notification under Section 9 (1) (A) of the Act that transfer to be made on the consideration amount offered for any auction proceeding, which is appended as Annexure No. 4. (In this G.O. for the first time the U.P.F.C has been included with other corporations).

8. The Collector, Etawah has illegally passed an order dated 20.07.2004 whereby he assessed the value of the land of the cold storage as Rs. 53,86,500.00/-of 7695 square meters land and the value of plant, machinery and premises has calculated Rs.15,00,000/-on which Rs.5,50,960 was calculated as a deficient stamp duty. The paid amount of Rs.1,20,000/-has been reduced and he determined Rs. 4,30,960.00/-as balance stamp duty alongwith the imposed penalty of Rs.1,75,040.00, which is appended as Annexure No. 5.

9. Feeling aggrieved, the petitioner preferred a revision under Section 56 (I) of Indian Stamp Act before the Chief Controller Revenue Authority U.P. at Allahabad-cum-Board of Revenue. The said revision has been marked as Revision No. 35 of 2004-05-Etawah (Devendra Bahadur Singh Vs. State of U.P.), which is appended as Annexure No. 6.

10. The petitioner has specif