U.C. Dhyani, J.

By means of present writ petition, the petitioner seeks following relief:

To issue a writ or direction in the nature of certiorari for quashing the order dated 30.01.2015 passed by respondent no. 1 under section 33/38 of the Stamp Act in case no. 50 of 2014-15 whereby deficit stamp duty 2,72,850/-, registration fee of Rs. 9,700/- and penalty of Rs. 87,500/- total amount of Rs. 3,70,050/- has been imposed upon the petition and for quashing the order dated 20.7.2015 passed by learned Board of Revenue, Uttarakhand in stamp revision no. 8 of 2014-15 whereby the revision filed by the petitioner against the aforesaid order has been dismissed and the said order has been confirmed.

2. The genesis of the present writ petition is traceable from the facts that one Dehradun Industrial Cooperative Estate acquired some land in Dehrakhas Dehradun for setting up a cooperative Estate from Guru Ram Rai Management Committee by means of registered lease-deed dated 22.6.63 and by means of registered lease deed dated 17.01.1964. The lessee divided the aforesaid land into small plots. Plot no. 4 out of the said plots was allotted to its member namely Sri D.C. Chandola. UPFC took over the possession of the plot from Sri D.C. Chandola in pursuance of its debt which was subsequently transferred to one Ajay Agarwal and then from Ajay Agarwal to the petitioner M/s Arihant Narrow Fabric (P) Ltd. Since the plot was in original lease in favour of Dehradun Industrial Cooperative Estate who allotted the same to Sri. D.C. Chandola therefore the said original lessee executed a document of assignment of lease of the left over term in favour of the petitioner with the consent of Sri Ajay Agarwal. The document was presented for registration before Sub Registrar Dehradun who referred the document to Collector (Stamp) Dehradun with alleged contention of deficiency of stamp duty, registration charges and penalty to the tune of Rs. 3,70,050/- upon the said document. Collector (Stamp) accepted the reference and directed recovery of Rs. 3,70,500/- under various heads from the petitioner on the document in question vide order dated 30.01.2015 The petitioner preferred a revision against the same before the learned Board of Revenue but the learned Board of Revenue dismissed the revision filed by the petitioner vide it’s order dated 20.7.2015.

3. It is the contention of learned counsel for the petitioner that both the authorities i.e. Collector (Stamp) as well as Board of Revenue erred in law and wrongly held that the document in question is a document of new lease and utterly failed to appreciate that the assignor i.e. Dehradun Cooperative Industrial Estate is in itself a lessee of the land in question, who has merely assigned the lease in favour of the petitioner and the same cannot be termed as a fresh lease document.

4. It is further contended that the document in question is transfer of lease by way of assignment and is covered by article 63 of schedule 1-B of the Act, and therefore, Stamp Duty on the document is payable as per the rate prescribed for conveyance under article 23 (a) of schedule 1-B of the Act on the consideration and not on the market value.

5. It is an undisputed fact that two lease deeds dated 22.6.1963 and dated 17.01.1964 were being executed by Sri Guru Ram Rai Managing Committee in favour of Dehradun Cooperative Industrial Estate in respect of plots of land measuring 26 Bighas and 5 Biswas bearing no. 438 Min, 439 Min, and 467 Min, and measuring 26 Bighas 5 Biswas bearing no. 453, 454, 462, 463, 461, and 467, situated at Village Dehrakhas Pargana Pachva District Dehradun, respectively.

6. Petitioner has also been made a member of the Dehradun Cooperative Industrial Estate. Dehradun Cooperative Industrial Estate was a lessee of the land and it agreed to transfer/assign its leasehold rights in favour of the petitioner for the remaining term. A document in that respect was being executed and stamp duty as per article 63 of schedule