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2008 DIGILAW 1197 (PNJ)

Santosh Garg v. State of Punjab

2008-07-08

M.M.KUMAR, SABINA

body2008
JUDGMENT M.M. kumar, J.:- The prayer made in the instant petition is for quashing order dated 9.2.2006(Annexure P-2) passed by Collector, Sangrur and order dated 7.8.2007 (Annexure P-4) passed by the Commissioner, Patiala Division, Patiala, directing the petitioners to deposit a sum of Rs. 1,74,230/- on account of deficient stamp duty Initially, the order was passed by the Collector, Sangrur (Annexure P-2) which was upheld by the Commissioner, Patiala Division, Patiala vide order dated 7.8.2007(Annexure P-4). 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. 1,74,230/-. 2. Ms. Charu Tuli, learned Senior Deputy Advocate General, Punjab, at the outset states that the order passed by the 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. 3. In view of the above, the writ is allowed, the impugned order dated 9.2.2006 (Annexure P-2) passed by the Collector, Sangrur and order dated 7.8.2007 (Annexure P-4) passed by the Commissioner, Patiala Division, Patiala, are set aside. 4. Parties through their counsel are directed to appear before the District Collector, Sangrur, on 25.7.2008. The writ petition is disposed of accordingly. --------------