CWP No.13043 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.13043 of 2010 (O&M) Date of Decision: 15.03.2011 **** Anita & Anr. . . . . 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. BD Sharma, Advocate for the petitioners Ms. Sudeepti Sharma, DAG Punjab **** SURYA KANT J. (ORAL) (1). The Collector Jalandhar has passed a cryptic and non- speaking order dated 11.09.2009 (Annexure P5) thereby directing the petitioner to make up the deficiency of Rs.54210/- towards additional stamp duty and registration fee in respect of the sale deed 27.06.2006 which pertained to shop bearing No.46, in the Grain Market of village Apra, Tehsil Phillaur, District Jalandhar. The above-stated order has been passed on the basis of some report submitted by SDM Phillaur, a copy whereof was never supplied to the petitioner nor they were given an opportunity to counter its contents. CWP No.13043 of 2010.doc - 2 – (2). Except placing reliance on the said report, no other reason or material has been referred to by the Collector to determine the market value of the shop in dispute. (3). In these circumstances, the writ petition is allowed and the order dated 11.09.2009 (Annexure P5) passed by the Collector, Jalandhar is set aside. So will be the fate of the Appellate order dated 15.02.2010 (Annexure P8) passed by the Commissioner, Jalandhar Division, Jalandhar and the matter is accordingly remitted to Collector, Jalandhar to decide the same afresh, by passing a speaking order and after observing the principles of natural justice, within a period of four months from the date of receipt of a certified copy of this order. (4). Ordered accordingly. Dasti. 15.03.2011 vishal shonkar (S u r y a K a n t) Judge