B.AMIT STHALEKAR,J. - (1.) Heard Shri V.N. Agarwal assisted by Shri Kamlesh Kumar for the petitioners and Shri R.K. Shukla, learned standing counsel for the respondents.
(2.) The petitioners are seeking quashing of the order dated 30.5.2002 passed by the Assistant Commissioner, Stamps, Jaunpur passed in proceedings under section 47-A of the Indian Stamp Act, 1899 (the Act, 1899) as well as the revisional order dated 4.1.2005 passed by the Commissioner, Varanasi Division, Varanasi.
(3.) Briefly stated the facts of the case are that the petitioners purchased the property in question and paid stamp duty thereon at the circle rate. The market value of the property was assessed at Rs. 1,30,000/- and the stamp duty of Rs. 18,500/- was paid. However, proceedings under section 47-A of the Act, 1899 were initiated against the petitioner alleging deficiency of stamp duty. A report was called for from the Sub Registrar Sadar, Jaunpur who submitted his report. In this report it was stated that the land in question is situated about 150 mt. from the main kutchehry road which is a pacca road. It is also stated that the land in question is within the boundaries of Nagarpalika, Jaunpur and about 500 mt. from the bus station. It was also stated that nearby there was abadi and all around the land in question there is 7 ft. boundary wall and there was also a newly constructed room. Accordingly, the Stamp Authority took a view that the land which is within the boundaries of Nagarpalika, Jaunpur could be treated as residential as well as agricultural and the rates applicable for residential property was Rs. 1,400/- per sq. mt. On this basis the market value of the land was Rs. 17,40,000/-. It was also considered by the Stamp Authority that if the land is treated to be agricultural, its valuation would come to Rs. 1,400/- + 10 x 28 i.e. Rs. 4,31,200/-. In the impugned order there is a clear finding recorded at internal page 4 that the land in question is being used for agricultural purposes on the date of sale deed but at the same time he held that if someone wants to reside there on the date of sale deed, he has to arrange for proper road, water, electricity, drainage etc. On this finding the Stamp Authority held that the stamp duty should be determined treating the land to be residential land. Aggrieved by the order of the Assistant Commissioner, Stamps, Jaunpur, the petitioner preferred a revision. The Revisional Authority has dismissed the revision but he has also recorded a finding that on the date of the sale deed, the land in question was being used as agricultural land. There is every possibility that the land may be used for residential purposes. However, revisional authority has reduced the penalty from Rs. 32,400/- to Rs. 4,000/- and determined the deficiency of stamp duty at Rs. 46,200/-+Rs.4000/- and penalty of Rs. 1,300/- as registration charges total Rs. 51,500/-.;