In the High Court of Punjab and Haryana at Chandigarh C.W.P.No.18939 of 2007 Date of Decision:08-07-2008 Des Raj ---Petitioner vs. State of Punjab and others ---Respondents Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA Present: Mr.Vikas Mehsempuri, Advocate, for the petitioner. Ms.Charu Tuli, Sr. Deputy Advocate General, Punjab M.M.KUMAR, J. The prayer made in the instant petition is for quashing order dated 4.1.2006(Annexure P-1) passed by District Collector, Sangrur and order dated 21.8.2007 (Annexure P-3) passed by the Commissioner, Patiala Division, Patiala, directing the petitioners to deposit a sum of Rs. 39,200/- on account of deficient stamp duty Initially, the order was passed by the District Collector, Sangrur (Annexure P-1) which was upheld by the Commissioner, Patiala Division, Patiala vide order dated 21.8.2007 (Annexure P-3). A perusal of the order shows that no independent enquiry has been held to determine the market value of the property in question on the date of the sale deed before imposing additional duty of Rs. 39,200/-. C.W.P.No.18939 of 2007 -2- Ms. Charu Tuli, learned Senior Deputy Advocate General, Punjab, at the outset states that the order passed by the District Collector as also upheld by the Commissioner Patiala Division, Patiala, are non-speaking and cryptic and would not stand judicial scrutiny. Therefore, she states that both the impugned orders deserve to be set aside with liberty to the District Collector, Sangrur, to pass a fresh order in accordance with law. In view of the above, the writ is allowed, the impugned order dated dated 4.1.2006 (Annexure P-1) passed by the District Collector, Sangrur and order dated 21.8.2007 (Annexure P-3) passed by the Commissioner, Patiala Division, Patiala, are set aside. Parties through their counsel are directed to appear before the District Collector, Sangrur, on 25.7.2008. The writ petition is disposed of accordingly. (M.M.KUMAR) JUDGE (SABINA) JUDGE July 08, 2008 paramjit