IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.W.P. No. 15343 of 2007 Decided on: May 27, 2008 Nirmal Singh …Petitioner Versus State of Punjab and others …Respondent CORAM: HON’BLE MR. JUSTICE M.M. KUMAR HON’BLE MRS. JUSTICE SABINA Present: Mr. H.S. Dhindsa, Advocate, for the petitioner. Mr. Suvir Sehgal, Addl. AG, Punjab. for the respondents. M.M. KUMAR, J. This petition filed under Article 226 of the Constitution prays for quashing order dated 7.7.2006 (P-4), passed by the Collector-cum-Additional Deputy Commissioner, Hoshiarpur- respondent No. 3, and appellate order 16.1.2007 (P-5), passed by the Commissioner, Jalandhar Division, Jalandhar-respondent No. 4. The petitioner has been directed to pay the deficient stamp duty and registration charges amounting to Rs. 1,96,135/-, which is stated to have been determined ignoring the actual value of the land and the value given by the Sub-Registrar, Dasuya, District Hoshiarpur- respondent No. 2 on the reverse side of the sale deed. The appeal preferred by the petitioner has been dismissed primarily on the ground of limitation. C.W.P. No. 15343 of 2007 It is conceded position that the impugned orders dated 7.7.2006 and 16.1.2007 (P-4 & P-5 respectively) are based on Collector’s rates, which cannot stand judicial scrutiny in view of the judgment of Hon’ble the Supreme Court in the case of State of Punjab v. Mohabir Singh, AIR 1996 SC 2994. Learned State counsel has also stated that the aforementioned impugned orders be set aside with liberty to the Collector-cum-Additional Deputy Commissioner, Hoshiarpur-respondent No. 3 to pass fresh order in accordance with law after affording a reasonable opportunity of hearing to the parties. The statement made by the learned State counsel has been readily accepted by the learned counsel for the petitioner. In view of above, the impugned orders dated 7.7.2006 and 16.1.2007 (P-4 & P-5 respectively) are hereby quashed. The matter is remanded back to the Collector-cum-Additional Deputy Commissioner, Hoshiarpur-respondent No. 3, who shall pass fresh order after affording opportunity of hearing to the parties in accordance with law. Amount, if any, deposited by the petitioner shall be subject to fresh order of the Collector-cum-Additional Deputy Commissioner, Hoshiarpur-respondent No. 3. The writ petition stands disposed of in the above terms. (M.M. KUMAR) JUDGE (SABINA) May 27, 2008 JUDGE Pkapoor 2