As against the disclosed value of Rs.70 lacs of the property in dispute, the Collector, Mirzapur has assessed the value at Rs.4,81,12,700/- and created the demand towards deficient stamp duty at Rs.41,11,300/-.
The contention of the petitioner is that against the order dated 30.7.2010, the petitioner has filed an appeal before the Board of Revenue. The same is pending. Meanwhile, the recovery proceeding has been initiated. He submitted that the value, which has been determined merely on the basis of the ex-parte report, is wholly arbitrary and the same is not the market value of the property. The petitioner has no money to deposit the deficient stamp duty and, therefore, requested that the Collector, Mirzapur may be directed to sell the property in open market to ascertain the market value as well as to recover the alleged amount of deficient stamp duty.
In view of the above, the Collector, Mirzapur, is directed to sell the property in dispute in the open market to ascertain the market value of the property as well as to recover the outstanding dues against the petitioner.
Let the Collector, Mirzapur may file his personal affidavit in this regard.
Issue notice to D.I.G. (Stamp), Vindhyachal Division, Vindhyachal. The petitioner is directed to make the D.I.G. (Stamp), Vindhyachal Division, Vindhyachal as party in the array of the petition.
List on 14.3.2011.
Till the next date of listing, no coercive action be taken against the petitioner. The sale will be confirmed only on the permission of the Court.
A certified copy of this order be provided to Sri K.M. Sahai, learned Standing Counsel.
Order Date :- 14.2.2011 OP