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ABDUL MOIN
Sammukh Land Developers And Promoters Pvt. Ltd. Jaunpur – Appellant
Versus
Collector/District Magistrate, Ambedkar Nagar – Respondent
JUDGMENT :
Abdul Moin, J.
Heard learned counsel for the petitioners and Shri Rahul Shukla, learned Additional Chief Standing Counsel for the respondent Nos. 1 and 2.
2. With the consent of learned counsel appearing for the contesting parties, the writ petition is being finally decided.
3. The instant writ petition has been filed challenging the order dated 21.12.2023 passed by the respondent No. 1 in Stamp Case No. 695 of 2023 in re: State v. Sammukh Land Developers and another under Section 47A of the Indian Stamp Act 1899 (hereinafter referred to as the Act, 1899), a copy of which is annexure 1 to the petition.
4. A preliminary objection has been taken by Shri Rahul Shukla, learned Additional Chief Standing Counsel appearing for the respondents that the petitioners have a statutory remedy of filing of an appeal under the provisions of Section 56(1A) of the Act, 1899, as such the writ petition deserves to be dismissed on this ground alone.
5. Responding to that Shri M.E. Khan, learned counsel for the petitioners argues that the order impugned is contrary to the statutory provisions contained in the Act, 1899 as well as the rules namely the U.P. Stamp (Valuation of Property) Rules, 1997
An order based solely on an unauthorized officer's report lacks jurisdiction and must adhere to statutory procedures for validity.
Procedural non-compliance in property valuation hearings renders resulting orders invalid, necessitating fresh proceedings to ensure parties are duly notified and allowed to participate.
The matter is remitted to the respondent no.2 or the competent authority who may be seized of the matter, to assess the market value taking into account the monetary consideration reflected in the ex....
Procedural fairness mandates that orders under the Indian Stamp Act cannot rely solely on ex-parte inspection reports without proper notice and inspection as per statutory rules.
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