- (1.) The petitioner, which is a housing society, purchased certain agricultural land measuring about 4343.4 Sq. meters. According to the petitioner, the said land was purchased for Rs.2,66,700/-. The stamp duty was not paid by the petitioner because, according to the petitioner, the housing societies were exempted from payment of stamp duty as per certain Government orders. However, the petitioner is not pressing for exemption under the said Government orders and is prepared to pay the stamp duty on the value of the sale transaction. The Additional Collector, under Section 47-A of the Indian Stamp Act. passed an order dated 30-7-1999 assessing the value of the land measuring 4343.4 Sq. meters to be Rs. 17,37,360/- calculating the same at the rate of Rs. 400/- per Sq. meter which was the circle rate fixed by the Collector for the residential plots in the area. The revision filed by the petitioner against the said order dated 30-7-1999 was also dismissed by the Commissioner, Allahabad Division, Allahabad on 6-8-2002. Aggrieved by the said orders 30-7-1999 and 6-8-2002 passed by the Additional Collector (Finance & Revenue), Allahabad and the Commissioner, Allahabad Division, Allahabad respectively, this writ petition has been filed.
(2.) I have heard the learned counsel for the parties and perused the record.
(3.) The contention of the learned counsel for the petitioner is that the land, when purchased, was not being used for residential purposes but was an agricultural land and thus the circle rate, meant for the land being used for residential purposes, would not be applicable.;