The dispute is whether the land in dispute is agricultural land or residential land. By making an ex-parte inspection report it has been treated as abadi land. The petitioner has disputed such report. However, no inspection has been made in the presence of the petitioner. In this view of the matter, the A.D.M. (F. & R.), Moradabad is directed to make spot inspection along with the petitioner. The petitioner is directed to file a certified copy of this order before the A.D.M. (F. & R.), Moradabad within two weeks and A.D.M. (F. & R.), Moradabad is directed to make spot inspection 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