The claim of the petitioner is that he had purchased agricultural land and in an ex-parte inspection report it is stated that a house is built and accordingly it is treated as a abadi land.
This Court has consistently held that where there is a dispute about the nature of the land, spot inspection should be made in the presence of the owner. Despite the aforesaid law, it is unfortunate that the authority concerned is not making spot inspection in the presence of the owner.
Let a spot inspection be made in the presence of the owner. The petitioner is directed to file a certified copy of this order within a period of one week before the A.D.M. (Finance & Revenue), Etawah and A.D.M. (Finance & Revenue), Etawah is directed to make spot inspection within two weeks and give his report. Meanwhile, learned Standing Counsel may file counter affidavit.
List after four weeks.
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 :- 11.2.2011 OP