RAJIV SHARMA, J. - (1.) HEARD Mr. Karunakar Srivastava, Counsel for the petitioner and Mr. Rakesh Srivastava, Standing Counsel.
(2.) IN the instant writ petition, the petitioner has questioned the correctness and validity of the order dated 30.7.2003 passed by the District Magistrate, Bara-banki in Case No.35 (2003) under sections 47- A/ 33 of the Indian Stamp Act and the Appellate Order dated 10.3.2005 passed by the Commissioner, Faizabad Division, Fai-zabad in Appeal No.172 preferred under section 56 of the Indian Stamp Act. It is stated by the Counsel for the petitioner that Smt. Phoolmati was the ten­ure holder of the land (Gata No.989/1.098 hectare) situated in Village Ajaimau, Par-gana Dariyabad, Tehsil Ram Sanehi Ghat, District Barabanki. The petitioner pur­chased 2/5th part of the aforesaid agricul­tural land through a sale deed executed by Smt. Phoolmati in favour of the petitioner on 11.11.2002. The petitioner paid the stamp duty as was determined by the Dis­trict Magistrate for the area in question. Later on, the matter was referred by the Sub-Registrar, Ram Sanehi Ghat on 21.11.2003 to the District Magistrate, who called for a report from the Naib-Tahsildar, Ram Sanehi Ghat, District Barabanki. The Naib Tahsildar in his report mentioned that the property in question situates at the main road and the crop is standing. No trees, tube well, building etc. was found. The land is situated closer to 'abadi' area. The villagers have reported that the prop­erty has been purchased for construction of a school building.
(3.) CONSEQUENTLY , a show cause notice was issued to the petitioner and the pro­ceedings under section 47-A/33 of the In­dian Stamp Act were initiated. The peti­tioner submitted reply to the show-cause notice in which he mentioned that the land in question is an agricultural land and has been purchased for the agricultural pur­pose. He also annexed the 'khatauni' of the land in support of his submissions.;