CWP No.2601 of 2009 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.2601 of 2009 Date of decision: February 18, 2009. Vivek Kumar & Ors. ...Petitioner(s) v. State of Haryana & Ors. ...Respondent(s) CORAM: HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Sanjeev Manrai, Advocate for the petitioners. ORDER Surya Kant, J. - (Oral): The petitioners seek quashing of the order dated 30.1.2008 passed by the Sub Divisional Officer (Civil) in exercise of his powers as Collector, Ratia as well as the order dated 2.12.2008 of the Commissioner, Hissar Division, Hissar-cum-Appellate Authority, (Annexures P-6 and P-7 respectively) whereby they have been asked to pay additional stamp duty and registration charges in respect of the sale deed dated 21.6.2007 for land measuring 4 kanal 12 marlas situated within the municipal limits of Ratia. The petitioners got the above stated sale deed registered by CWP No.2601 of 2009 -: 2 :- paying a sale consideration of Rs.2 lacs. The Sub-Registrar, Ratia made a reference under Section 47-A of the Indian Stamp Act on the very next day of the registration of the sale deed which has been accepted by the SDO(C), exercising the powers of the Collector, after giving an opportunity of being heard and lead evidence to the petitioners. The Collector has held that the market value of the land was not less than Rs.28.98 lacs and the stamp duty/registration fee ought to have been affixed/paid by the petitioners accordingly. Consequently, they have been directed to make good the deficiency of the stamp duty to the tune of Rs.1,88,860/- and registration fee of Rs.14,000/-. The petitioners preferred an appeal which has also been dismissed by the Commissioner, Hissar Division, Hissar. I have heard Learned Counsel for the Petitioners at some length and perused the impugned orders. The Collector has passed a self-speaking reasoned order after getting the survey of the site conducted from the Joint Sub-Registrar, Ratia on two occasions and has held that the subject land though is shown as an agricultural land but the same is located in Shimlapuri Colony, which is a residential colony within the municipal limits. It has been found that the petitioners have constructed a boundary wall soon after the purchase of the land. The Collector has further observed that the sale of a piece of land measuring below 1,000 sq. yards has to be treated for residential purposes. The share of each of the petitioners in the subject land comes to less than 1,000 square yards. Keeping in view the fact that the land is located in a residential colony; falls within the municipal limits; is surrounded by residential CWP No.2601 of 2009 -: 3 :- houses; the size of the plot falling to the share of each of the petitioners, coupled with the Collector's rate prescribed for the land situated in Shimlapuri Colony, the order passed by the Collector is totally justified and has rightly not been interfered by the Appellate Authority. No interference by this Court in exercise of its writ jurisdiction is called for. Dismissed. February 18, 2009. [ Surya Kant ] kadyan Judge