LAWS(GJH)-2008-1-83

HITESHKUMAR BHIKHALAL PATEL Vs. DEPUTY COLLECTOR

Decided On January 24, 2008
HITESHKUMAR BHIKHALAL PATEL Appellant
V/S
DEPUTY COLLECTOR Respondents

JUDGEMENT

(1.) RULE. Learned AGP waives service of notice of Rule for the respondents. By way of this petition, the present petitioner has challenged the impugned orders passed by Dy. Collector, Stamp Duty Valuation, Rajkot dated 8. 10. 2007 and 5. 6. 2003. Heard the learned advocate for the petitioner and the learned AGP for the respondents.

(2.) IT is submitted by the learned advocate for the petitioner that without giving any details regarding determination of market value, in printed form, order was passed by the Dy. Collector, Stamp Duty Valuation, Rajkot in a casual manner. It is submitted by him that after taking into consideration certain principles regarding determining the market value of the land, he has passed the impugned order on the basis of which he has valued the property in question at an excessively exorbitant rate and therefore, deficit Stamp Duty of Rs. 47,120/- and a fine of Rs. 250/- was required to be paid to the authorities. It is submitted by him that the respondent authority has not considered the fact that the petitioner has purchased the plots in question by paying the market value which was prevailing at the relevant time. Therefore, it is prayed that the decision of the respondent authority is required to be quashed and set aside.

(3.) IN support of his submission, the Learned advocate has placed reliance on the following decisions of this court: