- (1.) HEARD Sri N. K. Seth, learned Senior Advocate, assisted by Sri Ashish Chaturvedi and Sri Badrul Hasan, learned Addl. Chief Standing Counsel, appearing on behalf of opposite parties.
(2.) BY means of present writ petition, the petitioner has prayed for a writ in the nature of certiorari for quashing of the impugned order dated 22nd September, 1992, passed by the Addl. District Magistrate (Finance and Revenue), Lucknow by which it was directed that since the petitioner is a company and purchased the land in question for industrial/commercial purposes, therefore, the proper value of the land should be at the rate of Rs. 13/ - per square feet and not at the rate of Rs. 14,900/ - per bigha, as claimed by the petitioner. After valuing the said land @ Rs. 13 per square feet, the learned Addl. District Magistrate (Finance and Revenue), Lucknow held that the market value of the said land is Rs. 12,56,203/ - and the stamp duty should have been paid on such value of Rs. 14,68,519/ - and, as such, petitioner was directed to deposit the deficit stamp duty of Rs. 1,48,075/ - within ten days, otherwise, proceedings will be initiated against the petitioner under the provisions of Land Revenue Act.
(3.) SUBMISSION of learned counsel for the petitioner is that the petitioner is a Company under the provisions of Companies Act, 1956, having its registered office at Aishbagh, Lucknow. Amongst other objects of the petitioner -company one of the object was to carry on business of farming including dairy farming etc. and the same has been clearly mentioned in clause (c) of sub -clause 5 at page 4 of the Memorandum of Association of the petitioner -company. Further submission of learned counsel for the petitioner -company is that Shri Ram Khelawan Singh was the owner of Khasra plot no. 855, measuring 3 bigha and 11 biswas in Mauja Udaipur, Pargana Nigohan, Tehsil Mohanlalganj, District - Lucknow in which he was carrying on farming. Shri Ram Khelawan Singh was interested in selling a piece of said land and the petitioner being interested in purchasing the same, offered a price of Rs. 71,000/ - which he accepted and a sale - deed was executed by Shri Ram Khelawan Singh in favour of the petitioner -company in respect of the said plot of land on 30.1.1992 which was presented for registration before the Sub Registrar, Mohanlalganj, Lucknow.;