IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Writ Petition No.16677 of 2009 (O&M) Date of decision: 5th November, 2009 Maninder Kaur and another … Petitioners Versus State of Punjab and others … Respondents CORAM: HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. H.S. Rakhra, Advocate for the applicant petitioners. KANWALJIT SINGH AHLUWALIA, J. (ORAL) Civil Misc. No. 18136 of 2009 CM application is allowed. Grounds of appeal (Annexure P-7) are taken on record. Civil Writ Petition No. 16677 of 2009 In the present writ petition, petitioners seek quashing of order (Annexure P-4) passed by the Collector, Bathinda and order (Annexure P-5), whereby in appeal, order (Annexure P-4) was affirmed. Petitioners had purchased the land measuring 19 ½ biswa situated in Patti Mehran, Bathinda. The sale consideration, reflected on the sale deed, was Rs.2.10 lakh. Civil Writ Petition No.16677 of 2009 (O&M) Sub Registrar made a reference that there is a deficiency in payment of the stamp fee, as the sale deed was under valued. In response to the notice issued, petitioners appeared before the Collector and raised a plea that at the time of registration, Sub Registrar has raised objection that the instrument is undervalued by Rs.53,500/- and petitioners had then made the deficiency good. Therefore, later the Sub Registrar cannot claim that the land was under valued. State Government took a stand that as per the schedule of rates circulated by the Collector, rate for the land fixed was Rs.1500/- per square yard. Therefore, the value of the purchased property was Rs.14,62,500/-. Therefore, there was a deficiency of the stamp fee and petitioners are liable to pay Rs.1,15,175/-. The appellate authority dismissed the appeal by observing as under: “4. I have considered the arguments advanced by the counsel for the appellants and have gone through the record. From the perusal of the impugned order it is very much clear that Collector rate of the land covered by the sale deed in question was Rs.1500/- per Sq. yard at the time of execution and registration of the sale deed. The appellants have also admitted the Collector rate before the lower Court. Moreover, they have not challenged the Collector rate in any way. In the instant case the deficiency has been pointed out by the Collector on the basis of said Collector rate. In these circumstances, there appears to be no dent in impugned order, and accordingly, the same is up-held. As a result, this appeal is hereby dismissed being without any force.” Two authorities below had given a finding of fact that rate of Rs.1500/- per square yard was prevailing qua the land purchased by the petitioners and the sale deed does not conform to the schedule of rates 2 Civil Writ Petition No.16677 of 2009 (O&M) circulated by the Collector. The finding of fact has been assailed on the ground that the property was not having the value, which has been assessed by the Collector. This fact cannot be determined in the writ petition. The orders passed by two authorities below giving concurrent findings suffer from no perversity and no interference is warranted. Hence, the present writ petition is dismissed. [KANWALJIT SINGH AHLUWALIA] JUDGE November 5, 2009 rps 3