Civil Writ Petition No. 11724 of 2009 (O&M) 1 In the High Court of Punjab and Haryana, at Chandigarh. Civil Writ Petition No. 11724 of 2009 (O&M) Date of Decision: 4.11.2009 Kanta Rani and Others …Petitioners Versus State of Haryana and Others …Respondents CORAM: HON’BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA. Present: Mr. Radhe Shyam Sharma, Advocate for the petitioners. Kanwaljit Singh Ahluwalia, J. (Oral) Civil Misc. No. 17739 of 2009 Civil Misc. Application is allowed. Annexure P6 is taken on record. Civil Writ Petition No. 11724 of 2009 Case of the petitioners is that the land purchased by them fall under Code No. 0004 i.e. Mad Colony, Shakti Nagar, Tibba Colony, except main road, Tohana Road to Aroda Colony in Khasra No. 182//17, 24, 25, 163//6, 7, 8, 25, 200//1 to 25, 201//4 to 7, 14 to 17, 24, 25, therefore, the nature of the land is residential and the Collector rate of Rs.1,400/- is to be applied. Counsel for the petitioners has further stated that Code No. 0014 pertaining to Punjab National Bank to Warehousing, both side of Tohana Road. Sanjay Gandhi Chowk to New Bus Stand in Khasra No. 203//4, 7, 14/2, 17, 24, 25, 716, 251//3, 9, 182//14, 183//3, 4, Civil Writ Petition No. 11724 of 2009 (O&M) 2 5, 9, 10, 18 both sides of Mudlana Road, HUDA Shopping Complex, Anaj Mandi along with Industrial Area, HUDA Shopping Complex to O.B.C. Bank to Anaj Mandi, is not attracted on facts of the case. Before this submission is appreciated, it will be necessary to notice facts of the case. Petitioner had purchased the land vide Sale Deed No. 3657 dated 30.3.2007. Sub Registrar made reference that the land has been undervalued and there is a deficiency of payment of stamp duty and the stamps amounting to Rs.78,900/- has been affixed less on the sale deed. The Collector examined the above said contention raised before this Court and came to conclusion that land falls in Khasra No. 183//2/2/2/1 and wrongly it has been stated that the land falls at Budhlada Road, whereas in fact the land falls at Tohana Road. It was further noticed that particular khasra number according to the Schedule of rates fixed by Collector is to be assessed at rate of Rs.4,500/- per square yard. Therefore, a finding of fact was returned that qua the land of the petitioners, that Code No. 0014 is to be applied. Petitioner went in appeal. The Appellate Court also examined the contention raised before this Court and came to conclusion that qua the land of petitioner Code No. 0014 is attracted. A concurrent finding of fact has been given by the the two Authorities below. Therefore, in writ jurisdiction, this Court cannot hold a fact finding enquiry. Therefore, the contention raised by the petitioner cannot be accepted. Counsel for the petitioner has raised another plea that on the audit objection, a deficiency in the Court fee was deciphered, therefore, reference could not be made by the Sub Registrar. This argument also cannot be accepted as powers of the Sub Registrar are not eclipsed Civil Writ Petition No. 11724 of 2009 (O&M) 3 because a fact has been brought to his notice by the Audit Party. Hence, there is no merit in the present petition and the same is dismissed. (Kanwaljit Singh Ahluwalia) Judge November 4, 2009 “DK”