- (1.) T. George Joseph, C. C. R. A. Heard the learned for the revisionist. I have also gone through the impugned order of the A. D. M. (F & R) Allahabad dated 29-10-2002. The order says that the Co-operative Housing Society purchases 1 and only for the purpose of developing it into residential plots and allot it to its members. The impugned order says that it is justified to fix the stamp duty at Rs. 1,41,61,882/. The order says that this is on the basis of the rate fixed by the Collector.
(2.) HOWEVER, the impugned order has not mentioned the specific area in which the land in question is situated and what are the different categories of rates for the same area. The order also does not mention in which particular category the land in question has been assessed. Probably the rate of Rs. 700/- per sqr. meter is fixed by the Collector for land which is used for residential purposes. But it has not been clarified. The impugned order is not a speaking order as to the assessment of the stamp duty. I find it proper to remand the matter to the A. D. M. (F & R) Allahabad to specifically indicate the nature of the land for which the Collector's rate has been taken and the reasons for including the land in question under that rate. The learned Counsel for the revisionist has referred to different Court orders holding that stamp duty will be fixed on the basis of the current market value of the land under transaction. There is also a Government order to this effect. Therefore, the lower Court is directed to keep in view the legal views of the Government and the higher Courts while deciding the matter. Revision is allowed and the impugned order dated 29-10-2002 is set aside. The matter is remanded to A. D. M. (F & R) Allahabad for reconsideration as per law. Fresh orders on the basis of the merits of the case may be passed after giving due opportunity of hearing to the revisionist. Revision allowed. .;