CIVIL WRIT PETITION NO. 5581 OF 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. DATE OF DECISION: July 22, 2009. Parties Name Ramesh Kumar and another ..PETITIONERS VERSUS Commissioner, Jalandhar Division, Jalandhar and others ...RESPONDENTS CORAM: HON'BLE MR. JUSTICE JASBIR SINGH PRESENT: Mr. Sandeep Jain, Advocate, for the petitioner. Mr. Anil Sharma, Addl. A.G., Punjab; JASBIR SINGH, J. (oral) Order. This writ petition has been filed to challenge order dated January 13, 2009 (P-1) demanding an amount of Rs. 53,000/-, on account of deficient stamp duty affixed on a sale deed executed in favour of the petitioner on November 7, 2008. Further challenge is to the order dated February 16, 2009, passed by the Commissioner, Jalandhar Division, Jalandhar, dismissing appeal against order, mentioned above. It is averment of the petitioners that they purchased land measuring 17 Kanals for an amount of Rs. 19,05,000/- vide sale deed dated November 7, 2008. The sale deed was impounded and as per enquiry made CIVIL WRIT PETITION NO. 5581 OF 2009 -2- by the Sub Registrar, NawanShehr, the property, which was subject matter of sale, was found to be under-valued. A notice was issued to the petitioners, they came present on the date fixed and got recorded their statement wherein an attempt was made to justify the stamp duty affixed on the sale deed. It was stated that the stamp duty has been paid as per rate of the land, fixed by the Collector. Beyond that they did not produce any evidence. The Collector by taking note of inspection report of District Revenue Officer dated December 16, 2008, and also looking at inspection report of Sub Registrar, NawahShehr, statements made by residents of the village and the Registry Clerk, came to a conclusion that the value of the land per Acre is not less than 14 Lacs and accordingly petitioners were directed to pay above said amount towards deficient stamp duty paid at the time of execution of the sale deed. The Collector also noted that the petitioners had failed to bring any proof on record to show that the value of the land was correctly shown in the sale deed in question. View expressed by the Collector was accepted by the Commissioner. After hearing counsel for the parties, this Court is of the view that the orders passed are perfectly justified. After notice, the petitioner put in appearance before the Collector. Except getting his statement recorded, he did not produce any other evidence on record to show that value of the land was correctly shown in the sale deed. The rate fixed by the Collector, of the land, in a particular area is only an indicator regarding price of the land. However, it cannot be treated as exact value of the land in that area. The Collector is at liberty to conduct enquiry to find out market value of the property subject matter of sale. The same was done in this case. As per information supplied at the Bar, the village, where property is situated falls CIVIL WRIT PETITION NO. 5581 OF 2009 -3- on a link road at a distance of about 10 KMs from district headquarter i.e., NawaShehr. It is common knowledge that value of the land in that area , may be more than the value assessed by the Collector. No case is made out for interference. Dismissed. July 22, 2009 ( Jasbir Singh ) DKC Judge