In the High Court of Punjab and Haryana at Chandigarh CWP No. 10160 of 2007 Date of decision:26.3.2008 Sukhdev Singh ......Petitioner Versus State of Punjab and others .......Respondents CORAM: HON'BLE MR.JUSTICE SURYA KANT HON'BLE MRS. JUSTICE SABINA Present: Mr.Ajit Sihag, Advocate, for the petitioner. Ms.Charu Tuli, Sr.DAG, Punjab. **** JUDGMENT SURYA KANT, J. In this civil writ petition, the petitioner is aggrieved at the order dated 20.6.2007 (Annexure P-14) passed by the District Collector Sangrur, whereby he has been asked to make deficiency of the stamp duty to the tune of Rs.1,86,057/- and registration fee to the tune of Rs.9,890/- in respect of plot No.4 in Mandi Township Bhawanigarh, purchased by his grandfather in an open auction held in the year 1974. Notice of motion was issued and in response thereto learned counsel for the parties have been heard. As may be seen from the impugned order passed by the CWP No. 10160 of 2007 -2- District Collector, Sangrur, the petitioner has been asked to pay the additional stamp duty on the basis of the Collector's rate in respect of the industrial area where the subject plot is located. That being so, we are of the considered view that the petitioner could not be fastened with the liability to pay additional stamp duty/registration fee merely on the basis of the Collector's rate as that could only be a piece of evidence to be taken into consideration by the competent authority. In other words, the Collector was obligated to hold a fact finding inquiry on the basis of relevant factors and then only to arrive at a conclusion as to whether or not the petitioner is liable to pay any additional stamp duty/registration fee. In this regard, we are fortified by the dictum laid down by the Hon'ble Supreme Court in the case of State of Punjab and others vs. Mohabir Singh and others, 1996 (1) SCC 609. For the reasons aforementioned, the impugned order dated 20.6.2007 is set aside and the matter is remitted to the District Collector, Sangrur to decide the same afresh in accordance with law and in the light of observation made hereinabove. Parties are directed to appear before the Collector, Sangrur on 28.4.2008. (SURYA KANT) JUDGE (SABINA) March 26, 2008 JUDGE anita