Court No. - 6
Case :- WRIT - C No. - 41144 of 2002 Petitioner :- Ramfer Respondent :- State Of U.P. And Others Counsel for Petitioner :- D.Kumar Misra Counsel for Respondent :- C.S.C.,S.M.Mishra
Hon'ble B. Amit Sthalekar,J.
Heard Shri D.K. Mishra, learned counsel for the petitioner and the learned standing counsel for the respondents no. 1 to 3.
The petitioner in the writ petition is seeking quashing of the order dated 25.8.2002 passed by the Commissioner, Azamgarh Divison, Azamgarh in Stamp Revision No. 92/A of 2002 (State Vs. Rampher and others).
Briefly stated the facts of the case are that the petitioner purchased Arazi No. 1146 area180 kari situated in the village Kataghar P.O. and Tehsil Lalganj District Azamgarh and paid stamp duty thereon. However, on a coplaint made by the respondent no 4, proceedings under the Indian Stamp Act were initiated against the petitioner. An order was passed by the Collector on 15.11.2001 against which the petitioner approached the Commissioner and the Commissioner by his order dated 18.1.2002 set aside the order of the Collector dated 15.11.2001 with a direction to the Collector to call for a fresh report and re-examine the nature of the land. After remand, a fresh spot inspection report was called from the Tehsildar who submitted his report on 14.3.2002 specifically stating that on the land in question there are crops growing and there are no trees or any other construction. It is also stated that to the North of Plot No. 1146 there is agricultural land and to the East and West also there is agricultural land. In the South there is a chak marg but on Plot No. 1150 there is Abadi and on Plot No. 1194 there is a Talaba (Pond) and Shiv Temple and on Plot No. 1169, 1170 and 1171 there is Abadi. These plots have nothing to do with the plot in question which is Plot no. 1146. The Tehsildar has clearly recorded that Plot No. 1146 has been purchased for agricultural purposes and not for Abadi purposes and there are crops growing on the said plot.
This report of the Tehsildar was accepted by the Collector, Stamp, Azamgarh by his order dated 20.3.2002. Aggrieved by this order the State filed a Stamp Revision and the revisional authority has held that the land in dispute being Plot No. 1146 is Abadi land and is situated within the Katghar Lalganj market of the Nagar Panchayat and therefore he has set aside the order of the Collector and referred the matter for re-enquiry by the impugned order dated 25.8.2002.
I have heard learned counsel for the parties and perused the documents on record.
In the impugned order dated 25.8.2002 the Collector has himself recorded a finding that there is absolutely no dissimilarity in the previous report of the Tehsildar dated 22.9.2001 or the subsequent report of the Tehsildar dated 14.3.2002. After recording this finding it is surprising as to on what basis the Commissioner has recorded a finding that on the land in question there was Abadi and it was situated in Katghar Lalganj market. Infact the latest report of the Tehsildar dated 14.3.2002 specifically stated that on the land in question there were crops growing and that to the East, West and North there were agricultural lands and in the South there was a chak marg and the land had never been purchased for Abadi purposes and was being used solely for agricultural purposes. The impugned order infact does not refer to any evidentiary document to help the Commissioner to come to the conclusion that the land in question was being used for Abadi purposes. The impugned order does not disclose any material to contradict the finding of the Tehsildar in his latest report dated 14.3.2002 or the order of the Collector dated 20.3.2002.
For reasons aforesaid the impugned order dated 25.8.2002 passed by the Commissioner, Azamgarh Divison, Azamgarh is absolutely illegal and arbitrary and without any basis or foundation and is accordingly quashed.
The writ petition stands allowed.
Any amount which may have been deposited by the petitioner towards deficiency of stamp duty shall be refunded to him with interest by the respondents within a period of two months from the date of receipt of the certified copy of this order.
Order Date :- 27.3.2018 o.k.