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JAYANT BANERJI
Kamlesh Devi – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. writ petition filed with specific prayers. (Para 1 , 2) |
| 2. background of sale deed and legal challenge. (Para 3) |
| 3. contested issues regarding valuation and notice. (Para 4 , 5) |
| 4. court's analysis of notice validity and valuation errors. (Para 6 , 7) |
| 5. failure to consider exemplar deeds. (Para 8) |
| 6. quashing of orders and directions for refund. (Para 9 , 10) |
JUDGMENT :
Hon'ble Jayant Banerji, J.
1. Heard Sri Atul Srivastava, learned counsel for the petitioner and Sri Awadhesh Chandra Srivastava, learned Standing Counsel appearing for the respondents.
2. This petition has been filed, inter alia, with the following prayers:-
b. Issue a writ, order or direction in the nature of mandamus directing the respondents not make any recovery in pursuance of impugned order according to law.”
3. From the record of the petition, it a
The valuation of land for stamp duty purposes should be based on its current use on the date of execution of the deed, considering prospective use and surrounding land use.
The necessity of conducting a spot inspection before determining stamp duty to ensure assessments are based on factual evidence rather than presumptions.
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....
Point of Law : Person presenting the instrument is required to disclose the nature of economic activity, industrial development, if any, prevailing in the locality where the property is situated and ....
Agreement to sell – Imposition of enhanced stamp duty and penalty – Power of Collector cannot be unduly circumscribed by ruling out potential to which land can be advantageously deployed at the time ....
The main legal point established is that the determination of the market value of land should be based on general principles/exemplars independent of the circle rate prescribed by the Collector, and ....
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