The case of the petitioner is that he had purchased land wherein there was no construction. However, a stamp case has been registered on the basis of spot inspection report dated 20.2.2009 wherein it is stated that one big room and school were found constructed. The petitioner filed objection disputing any construction over the land and by letter dated 18.12.2009 has requested the A.D.M. (F. & R.), Bijnor to make further inspection. Despite the objection being filed, no inspection has been made and on the basis of ex-parte inspection report, the demand has been raised.
It is unfortunate that despite the consistent view taken by this Court that the order may not be passed on the basis of ex-parte inspection report and the inspection should be made in the presence of the party still the authorities are illegally passing the order on the basis of ex-parte report though the facts mentioned in the report are being disputed and the appellate authority casually decides the appeal without considering the objections and submissions of the petitioner. In view of the above, the petitioner is directed to file a certified copy of this order before the A.D.M. (F. & R.), Bijnor within two weeks and the A.D.M. (F. & R.), Bijnor is directed to make inspection in the presence of the petitioner within another three weeks and submit his report.
List after six weeks. By that time learned Standing Counsel may file counter affidavit along with inspection report.
Till the next date of listing, the realization of demand shall remain stayed provided the petitioner deposits 50% of the demand towards deficient stamp duty within 30 days. Any amount already deposited shall be given adjustment.
Order Date :- 1.3.2011 OP