CWP No.5092 of 2009 -: 1 :- IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.5092 of 2009 Date of decision: March 31, 2009. M/s Goyal Knitwears Pvt. Ltd. ...Petitioner(s) v. State of Punjab & Ors. ...Respondent(s) CORAM:HON'BLE MR. JUSTICE SURYA KANT 1. Whether Reporters of local papers may be allowed to see the judgment ? 2. Whether to be referred to the Reporters or not ? 3. Whether the judgment should be reported in the Digest? Present: Shri Sherry K. Singla, Advocate for the petitioner. ORDER Surya Kant, J. - (Oral): Notice of motion. Shri G.S. Attariwala, learned Additional Advocate General, Punjab, accepts notice on behalf of the respondents. In view of the fact that the challenge herein lies to the quasi judicial orders, there is no necessity to seek any counter affidavit from the respondents. The petitioner is aggrieved at the orders dated 24.9.2007 and 10.2.2009 passed by the Collector, Ludhiana and the Commissioner, Patiala Division, Patiala respectively whereby the petitioner-company has been CWP No.5092 of 2009 -: 2 :- asked to affix additional stamp duty to the tune of Rs.1,48,446/- and its appeal against the said order has also been dismissed. The petitioner's grievance appears to be that the impugned order(s) have been passed on an erroneous assumption that the Collector's rate prescribed for the said land at the relevant time was Rs.55 lacs per acre. According to the petitioner, neither the market value nor the Collector's rate fixed for the land was more than Rs.35 lacs per acre and as such the stamp duty affixed by it on the sale deed is quite in order. The stamp duty is required to be affixed on the basis of the market value of the property to be determined by the Collector through a fact-finding inquiry as envisaged by Section 47-A(2) of the Indian Stamp Act. The Collector's rate, if any notified for the area, can at the best be a piece of evidence to be relied upon by the Collector for the purposes of determining the market value. It necessarily means that the Collector is obligated to consider the relevant material like the sale instances, genuinely executed agreements, prevailing rental values, location of the land and its utility etc. No such exercise, however, has been undertaken by the respondents while passing the impugned orders. For the reasons afore-stated, the impugned orders are set aside and the matter is remitted to Collector (Additional Deputy Commissioner), Ludhiana to re-determine the market value of the subject land for the purposes of affixation of the stamp duty. The needful shall be done within a period of three months from the date of receipt of a certified copy of this order. However, the petitioner is directed to deposit a sum of Rs.1 lacs within one month with the Collector, Ludhiana without prejudice to its rights in the pending matter and the adjustment or refund of the said amount CWP No.5092 of 2009 -: 3 :- shall depend upon the final outcome of the proceedings. Dasti. March 31, 2009. [ Surya Kant ] kadyan Judge