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2007 Supreme(UK) 161

B.S.VERMA
Smt. Krishna Kochhar – Appellant
Versus
State of U. P. – Respondent


Advocates appeared:
Sri Alok Singh, Sr. Advocate, assisted by Sri Dharmendra Barthwal, Advocate for the petitioner and Sri Gopal Narain, Brief Holder for the State-Respondents.

Judgment - This writ petition has been preferred for issue a writ order or direction in the nature of certiorari quashing the orders dated 10-11-1999 (Annexure No.4) passed by the Commissioner/Chief Controller of Stamps and the order dated 28-6-1999 passed by the respondent no.3-Assistant Commissioner of Stamps, Dehradun (Annexure No.2).

2. Relevant facts giving rise to the present writ petition are that the Sub Registrar made a reference to the Assistant Commissioner of Stamps, Dehradun for determination of stamp duty in respect of Sale Deed No. 3118 of 1998 relating to property no. 6, Anchal Niwas, Green Park, Saharanpur Road, Dehradun, measuring 3, 1/2 Bigha, which had been sold to Smt. Krishna Kochhar showing the valuation at Rs. 1,20,000/-. The notice was issued to the opposite party, who submitted her reply that an agreement for sale of disputed property was executed on 30-6-1974 and the property was valued at Rs. 1,20,000/- as its market value on the date of agreement. It was contended that the valuation of property should be determined as on the date of agreement, therefore, there is no deficiency in the stamp duty. It was also stated that the disputed property is under the








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