- (1.) HEARD Smt. Archana Tyagi, learned counsel for the petitioner and Sri Nimai Das, learned Standing Counsel for the respondents.
(2.) PLEADINGS have been exchanged between the parties and they agree for final disposal of the writ at the admission stage itself. The petitioner by means of the above writ petition challenges the order dated 31.10.2008 passed by the Assistant Commissioner (Stamp) Muzaffarnagar and the appellate order thereto dated 24.2.2009 passed by Assistant Commissioner (Administration) Saharanpur Division, Saharanpur. The first argument of learned counsel for the petitioner is that market value of the commercial building is to be determined strictly in accordance with Rule 5 of the Uttar Pradesh Stamp (Valuation of Property) Rules 1997. The said Rule prescribes that the market value of a commercial building is to be determined by taking the minimum rent of the building fixed by the Collector in accordance with Rule 4 of the Rules and multiplying it with the constructed area. Therefore, the value of the land on which the building exist is not to be taken and it stands excluded.
(3.) THE document in question is a sale-deed of a shop having an area of 49.01 sq. meter. Stamp duty on the aforesaid sale-deed is payable on the market value of the property transferred. In exercise of the Rule making power contained in Section 75 of the Indian Stamp Act, 1899, the State Government has framed the Uttar Pradesh Stamp (Valuation of Property) Rules 1997.;