JUDGEMENT
RAKESH KUMAR JAIN,J. -
(1.) The petitioner purchased a residential plot
measuring 110 sq. feet vide Vasika No.758 dated 14.5.2012 for a
consideration of L 5 lac, affixing the stamp of the value of L 35,000/-.
After registration of the sale deed, it was handed over to the petitioner
without any objection by the Sub-Registrar. However, the Sub-Registrar,
Jind vide his memo No.198/RC dated 5.4.2013, sent a reference to the
Collector-Cum-District Revenue Officer, Jind that the auditor has found a
deficiency of L 95,900/- towards Stamp Duty and L 9,000/- towards
registration charges in the sale deed No.758 dated 14.5.2012 because the
collector rate in the area in which the land has been sold is L 17,000/-
per sq. yards, which has been assessed @ L 4500/- per sq. yards and thus
the amount of registration comes to L 18,70,000/-. The prayer was made by
the Sub Registrar that the amount be taken under Section 47A(3) of the
Indian Stamp Act, 1899 (as applicable to the State of Haryana) [for short
'the Act'].
(2.) Respondent No. 2 served a notice upon the petitioner and decided that the petitioner had to pay L 1,96,000/- and L 14,000/- towards
Registration Fee, which comes to L 2,10,000/- and also a sum of L 5,000/-
towards penalty. The petitioner was served with a notice for recovery of
deficiency of Stamp Duty of L 1,04,900/-. The petitioner, being aggrieved
against the order of the Collector, preferred a statutory appeal before
the Commissioner, Hisar, which was dismissed on 2.7.2014.
(3.) The respondents have filed a short reply along with reference memo dated 5.4.2013 issued by the Sub Registrar, Jind to the District Revenue
Office-cum-Collector, Jind, for initiating action against the petitioner
in terms of Section 47A(3) of the Act.;
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