CWP No.12098 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.12098 of 2009 (O&M) Date of Decision: 24.01.2011 **** Karam Chand & Ors. . . . . Petitioners VS. State of Punjab & Ors. . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. Jatinder Nagpal, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The petitioners are aggrieved by the order dated 22.08.2008 (Annexure P4) passed by the Collector, Sangrur directing them to affix additional Stamp Duty of Rs.40,305/- on the sale deed dated 20.06.2006 and the order dated 04.03.2009 (Annexure P6) passed by the Divisional Commissioner, Patiala dismissing their appeal against the aforesaid order of the Collector. (2). The petitioners have affixed the Stamp Duty as per the Collector’s rate but it appears that the Naib Tehsildar, Dhuri submitted a report on 05.03.2007 (Annexure P2) stating that the value of the land was Rs.15,000/- per CWP No.12098 of 2009.doc - 2 – biswa. The Collector, Sangrur accepted that report and passed an order dated 05.03.2007 (Annexure P2) directing the petitioners to affix additional Stamp Duty of Rs.40,305/-. The appeal preferred by the petitioner was allowed by the Commissioner vide order dated 09.01.2008 (Annexure P3) and the matter was remanded to the Collector to decide it afresh. Thereafter, the Collector again obtained some report from the Naib Tehsildar, Dhuri wherein he replicated that the market value of the land was between Rs.15000/- to Rs.20000/- per biswa. Consequently, vide the impugned order the Collector reiterated the additional demand raised vide his earlier order. The appeal preferred by the petitioners against the subsequent order has also failed prompting them to approach this Court. (3). Having heard learned counsel for the parties, I am of the considered view that the copy of the report submitted by the Naib Tehsildar, Dhuri reiterating that the market value of the land is between Rs.15000 to Rs.20000/- per biswa ought to have been supplied to the petitioners to give them an opportunity to submit their objection(s), if any. Alternatively, the report should have been submitted by the Naib Tehsildar, Dhuri, after associating the petitioners. CWP No.12098 of 2009.doc - 3 – (4). As none of the steps in consonance with the principles of natural justice have been observed, the writ petition is allowed; the impugned orders dated 22.08.2008 and 04.03.2009 (Annexures P4 & P6, respectively) are quashed and the Collector, Sangrur is directed to furnish a copy of the valuation report submitted by the Naib Tehsildar, Dhuri and give one month’s time to the petitioners to enable them to submit their objection(s), if any, against the said report. (5). The Collector, Sangrur, shall consider those objection(s) and pass an appropriate order within a period of three months thereafter. (6). Ordered accordingly. Dasti. 24.01.2011 vishal shonkar (S u r y a K a n t) Judge