Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 2763 of 2018 Petitioner :- Jitendra Singh Sagar And 5 Other Respondent :- Nadeeem And 2 Others Counsel for Petitioner :- Lavkush Kumar Shukla Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners.
Present petition has been filed for setting aside the order dated 15.11.2017 passed by Additional Civil Judge (S.D.), Court No. 3, Agra, whereby the amin report dated 16.8.2014 has been accepted by the court below, whereby the valuation of the property as per circle rate in the year 2010 has been assessed as Rs. 3,31,47,520/- as per plaint land measuring 2200 sq. yd.
Submission of learned counsel for the petitioner is that the order is illegal and has been passed in collusion with the defendants and the report was submitted on the document supplied by the defendants and that the order is mechanical in nature. Submission is that the court below has failed to consider the objection of the petitioner, whereby it was objected to that the basis of the valuation has not been shown.
I have considered the submissions and have perused the record.
The suit was filed for permanent prohibitory injunction. Valuation of the suit for the purpose of jurisdiction was shown as Rs. 3,000/- being the plaintiff's rights involved. On perusal of record I find that the valuation has been given by the amin as per the circle rate prevailing in the year 2008 and the property was assessed as already noted above. Against the same, no documentary evidence indicating that the circle rate of the land in question in the year 2010 as taken by the trial court, was incorrect, was given by the petitioner.
Under such circumstances, in the absence of any other documentary evidence contrary to the circle rate as relied on by the court below for the purpose of valuation of the suit, the order impugned accepting amin report cannot be said to be incorrect.
Under such circumstances, I do not find any good ground to interfere in the present case.
Present petition is accordingly dismissed.
Order Date :- 24.4.2018 Lalit Shukla