IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH. C.W.P. No. 14008 of 2009. [O&M] Date of Decision: 29th September, 2010. Sartej Singh Narula Petitioner through Mr. Sanjiv Sharma, Sr. Advocate with Mr. Ajay Singh, Advocate. Versus State of Punjab & Ors. Respondents through Mr. KDS Sidhu, DAG, Punjab. 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? SURYA KANT, J. [ORAL] The petitioner is aggrieved by the order dated 23.12.2008 [Annexure P-7] passed by the Collector SAS Nagar, Mohali directing him to affix additional stamp duty of `36,300/- along with interest @ 12% per annum as well as Rs.260/- towards balance registration fee in respect of the sale deed dated 23.01.2006 [Annexure P-1] whereby land measuring 2 Bighas 9 Biswas along with a pucca shed constructed there upon, situated within the revenue estate of Naggal, Tehsil Kharar, District Ropar was purchased. The petitioner is also aggrieved at the order dated 25.03.2009 [Annexure P-12] passed by the Divisional Commissioner, Patiala dismissing his appeal against the aforementioned order of the Collector. Learned counsel for the parties have been heard and pleadings as well as documents have been perused. It emerges out beyond doubt that the subject land is not being used for agricultural purposes as not only a school is being run by the petitioner on the adjoining piece of land, there used to be a factory/shed in the subject land as well. The above-stated finding of fact returned by the authorities below, thus, warrants no interference by this Court. The only question which requires consideration is the rate at which petitioner is liable to affix the stamp duty, namely, should it be at the 'industrial rate' or the 'abadi Deh'? The petitioner has been directed to affix the stamp duty by treating the subject land as 'abadi' but his contention is that there is no 'abadi' in and around the subject land, therefore, it can not be treated as 'abadi land' for the purposes of affixation of the stamp duty charges. In order to resolve the controversy, I deem it appropriate to dispose of this petition with a direction to the Deputy Commissioner-cum-Collector, Mohali to depute the Tehsildar, Kharar to visit the area for which he need not give any notice to the parties and submit a report along with site plan depicting the nature of use and purpose for which the land in the vicinity is being used. If on the basis of the said report, the Collector is satisfied that the major chunk of the land in the area is being used for the purposes other than agriculture, no interference with the impugned orders shall be called for. If he, however, finds that a substantial part of the land in the area is still being used for agricultural purposes, in that event the Collector is directed to re-consider the amount/rate of stamp duty to which the petitioner would be liable to pay. The entire exercise shall be carried out within a period of two months from the date a certified copy of this order is received. Disposed of. Dasti. September 29, 2010. ( SURYA KANT ) dinesh JUDGE