CWP No.11700 of 2010.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.11700 of 2010 (O&M) Date of Decision: 03.12.2010 **** Subhash Rangra . . . . Petitioner 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: None for the petitioner Mr. AS Grewal, Addl. AG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner seeks a mandamus to direct the Naib Tehsildar-cum-Joint Sub Registrar, Sub-Tehsil Complex, Bhunga, District Hoshiarpur to register the sale deed executed in favour of the petitioner’s son. It is alleged that respondent No.4 is not registering the said sale deed as the petitioner has refused to pay `10,000 as illegal gratification. (2). While calling upon the respondents, this Court vide order dated 05.07.2010 directed the Deputy Superintendent of Police, State Vigilance Bureau at Hoshiarpur to hold an enquiry into the serious allegations made by the petitioner against the 4th respondent and submit a report. CWP No.11700 of 2010.doc - 2 – (3). In compliance thereto, the Superintendent of Police, Vigilance Bureau, Punjab, Hoshiarpur has filed his reply/affidavit, inter alia, explaining that the allegations made by the petitioner are false as the sale-deed presented by him for registration was under-valued and was not properly stamped. The enquiry report coupled with the averments made in the reply would reveal that the petitioner is a property dealer and a case under Section 182 CrPC is already pending against him. (4). Be that as it may, the Indian Stamp Act, 1899 provides a complete mechanism for determination of the amount of Stamp Duty to be affixed on an instrument which requires compulsory registration. (5). The Collector, in exercise of his powers under Sections 47-A of the Act, can determine the market value of the subject property by giving an opportunity to both the parties to lead their respective evidence. (6). Respondent No.4 is accordingly directed to make reference to the Collector, Hoshiarpur, if already not made and on receipt thereof, the Collector, Hoshiarpur is directed to hear both the parties and pass appropriate orders under Section 47-A of the CWP No.11700 of 2010.doc - 3 – Act within a period of two months from the date of receipt of a certified copy of this order. (7). An aggrieved party shall then be at liberty to impugn to approach the Appellate Authority. (8). Ordered accordingly. Dasti. 03.12.2010 vishal shonkar (SURYA KANT) JUDGE