In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.19074 of 2007 Date of Decision:08-07-2008 Christina Deen ---Petitioner vs. Commissioner Jalandhar Division, Jalandhar and another ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr. R.D.Sharma, Advocate, for the petitioner Ms.Charu Tuli, Sr. Deputy Advocate General, Punjab M.M.KUMAR, J. The instant petition is directed against order dated 21.8.2007 (Annexure P-2) passed by the Commissioner, Jalandhar Division, Jalandhar upholding the order dated 22.8.2005 (Annexure P-1)passed by the Collector, Gurdaspur, directing the petitioner to pay the additional stamp duty of Rs. 1,34,800/- as the land has been assessed as commercial. The petitioner has purchased 20 marlas of land vide sale deed dated 4.6.2004 for a consideration of Rs. 3,60,000/-. Ms. Charu Tuli, learned Senior Deputy Advocate General, Punjab, at the outset states that the order passed by the Collector as also upheld by the Commissioner Jalandhar Division, Jalandhar, cannot be sustained as there is lack of evidence to support the findings and as to how the market value has been assessed. Therefore, she states that the impugned C.W.P.No.19074 of 2007 -2- orders be quashed and the case be remanded back to the Collector for determination afresh in accordance with law. In view of the above, the writ is allowed, the impugned order dated 22.8.2005 passed by the Collector, Gurdaspur, (Annexure P-1) and order dated 21.8.2007 (Annexure P-2) passed by the Commissioner, Jalandhar Division, Jalandhar are set aside. Parties through their counsel are directed to appear before the District Collector, Gurdaspur, on 25.7.2008. The writ petition is disposed of accordingly. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 08, 2008 paramjit