IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.15803 of 2008 Date of Decision: 17.08.2009 Ram Lakhan and others Petitioners Versus State of Punjab and others Respondents CORAM:- HON'BLE MR. JUSTICE JASBIR SINGH Present: Mr.S.K.Jain, Advocate for the petitioners Mr.A.K.Sharma, Additional Advocate General, Punjab Mr.Vikram Sharda, Advocate ….. Jasbir Singh, J.(Oral) C.M. No.13510 of 2009 Application allowed, document is taken on record. CWP No.15803 of 2008 This writ petition has been filed with a prayer, to issue a writ of certiorari to quash order dated 8.1.2008 (P6), vide which, the petitioners were directed to pay an amount of Rs.10,46,000/-, along with interest, towards deficient stamp duty paid by them when sale deed was executed on 3.10.2007. Further challenge is to order dated 23.4.2008, dismissing their appeal. After hearing counsel for the parties, this Court feels that in view of peculiar facts of this case, it is not necessary to give any finding on merits. Record reveals that when the petitioners filed an appeal, vide order dated 5.3.2008, they were advised to deposit 50% of the amount assessed by the Collector. Notice was issued to the opposite party. Civil Writ Petition No.15803 of 2008 Petitioners failed to deposit the amount, as advised. The appeal was dismissed on that score only, without going into merits of the case, by respondent No.2. This Court feels that approach adopted by the officer below was not justified. Vide order dated 5.3.2008, issuance of notice of motion was not subject to deposit of 50% of the amount demanded. Only advice was given to the petitioners to deposit that amount, if the petitioners have failed to do the same, respondent No.2 was required to decide the matter on merits and not to dismiss the appeal in liminie on that score. In view of above, this writ petition is allowed, order dated 23.4.2008 (P10) is set aside, matter is remitted to respondent No.2 to decide the appeal afresh, as per law, by passing a speaking order. Parties are directed to appear before respondent No.2 on 7.9.2009. 17.08.2009 (Jasbir Singh) gk Judge 2