B.AMIT STHALEKAR,J. - (1.) Heard Shri D.V. Jaiswal, learned counsel for the petitioner and the learned standing counsel for the respondents.
(2.) The petitioner in the writ petition is seeking quashing of the orders 18.9.2002 and 12.1.2005 arising out of proceedings under the Indian Stamp Act, 1899 (hereinafter referred as the Act, 1899) for deficiency of stamp duty.
(3.) The case of the petitioner is that he purchased the land in dispute for a sum of Rs. 1,50,000/- on which he paid stamp duty at agricultural rates at Rs. 2,20,000/- per acre. The property was valued at Rs. 2,64,000/- on which he paid Rs. 21,200/-. On an allegation that there was deficiency of stamp duty, proceedings under section 47-A of the Indian Stamp Act, 1899 were initiated. A report of the Tehsildar was called for which was submitted on 21.1.2002. The Addl. Collector (Revenue)/Stamp Authority on the basis of the documents on record has held that the value of the property was Rs. 32,88,000/- and stamp duty thereon would have to be calculated at Rs. 80/- per thousand which comes to Rs. 2,63,040/-. The petitioner paid Rs. 21,200/- as stamp duty therefore the deficiency of stamp duty was computed at Rs. 2,41,840/- plus penalty of Rs. 91,899/-, total Rs. 3,33,739/-. Aggrieved by the order of the Stamp Authority dated 18.9.2002 the petitioner preferred stamp appeal which has also been dismissed by the Commissioner, Moradabad Division, Moradabad by order dated 12.1.2005.;