IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH CWP No. 16484 of 2007 Date of Decision: March 25, 2008 Mohinder Pal ...........Petitioner Versus State of Punjab and others ..........Respondents Coram: Hon'ble Mr.Justice Surya Kant Hon'ble Mrs. Justice Sabina Present: Mr.R.S. Modi, Advocate for the petitioners. Ms. Charu Tuli,Sr.DAG Punjab * * * Surya Kant, J. In this civil writ petition, the petitioner is aggrieved at the order dated 12.8.2005 passed by the District Collector, Sangrur (Annexure P1) as well as order dated 9.5.2007 passed by the Divisional Commissioner, Patiala Division, Patiala (Annexure P2) whereby he has been asked to make deficiency of the stamp duty to the tune of Rs.90,900/- and registration fee to the tune of Rs.9300/- in respect of the plot purchased by him by way of a registered sale deed. Notice of motion was issued and in response thereto learned counsel for the parties have been heard. The pleadings and other material on record has also been perused. As may be seen from the impugned order passed by the District Collector, Sangrur, the petitioner has been asked to pay the additional stamp duty on the basis that the land in dispute falls under the CWP No. 16484 of 2007 -2- Code A-17 and its rate is fixed @ Rs.2000/- per square yard. That being so, we are of the considered view that the petitioner could not be fastened with the liability to pay additional stamp duty/registration fee merely on the basis of the Collector's rate as that could only be a piece of evidence to be taken into consideration by the competent authority. In another words, the Collector was obligated to hold a fact finding inquiry on the basis of relevant factors and then only to arrive at a conclusion as to whether or not the petitioner is liable to pay any additional stamp duty/registration fee. In this regard, we are fortified by the dictum laid down by the Hon'ble Supreme Court in the case of State of Punjab and others vs. Mohabir Singh and others (1996) 1 Supreme Court Cases 609. For the reasons aforementioned, the impugned orders dated 12.8.2005 and 9.5.2007 are set aside and the matter is remitted to the District Collector, Sangrur to decide the same afresh in accordance with law and in the light of observation made hereinabove. Parties are directed to appear before the Collector, Ludhiana on 25.4.2008. ( Surya Kant ) Judge ( Sabina ) Judge March 25, 2008 arya