ORDER : Nirmaljit Kaur, J. Both the above writ petitions shall stand decided by this common order as the facts and the issue involved therein is identical. 2. These writ petitions are directed against the Order dated 27.03.2012 (Annx.4) passed by the Rajasthan Tax Board, Ajmer vide which the Order dated 09.11.2005 (Annx.3) passed by the Collector (Stamps), Hanumangarh was upheld. 3. For convenience, the facts are being taken from Civil Writ No. 10640/2012. 4. The petitioner purchased the plot in question through registered sale-deed dated 12.07.1995. The plot in question was situated in the residential colony. Subsequently, the petitioner was issued a notice under Section 47-A (2A) of the Indian Stamps Act, 1899 in pursuance to an audit objection that the registered document of the petitioner had not been properly valued. The market value of the land was Rs.12,79,232/- as it was likely to be used for commercial purposes in future. In pursuance to the said notice, the petitioner filed its reply and contended that the said plot at the time of purchase was a residential plot and that the same has also been purchased for the residential purpose. However, the Collector (Stamps), Hanumangarh vide its Order dated 09.11.2005 ordered for payment of the stamp duty to the tune of Rs.1,10,923/- along with Rs.3,000/- as registration charges and Rs.577/- as penalty on account of the value of the plot in question assessed for commercial use in future. The revision petition filed by the petitioner against the order of the Collector (Stamps) dated 09.11.2005 was also dismissed by the respondent No. 1 - Rajasthan Tax Board, Ajmer vide their Order dated 27.03.2012. Aggrieved, the present writ petition was filed. 5. It is not disputed that the issue involved in the present writ petition stands settled by the Hon'ble Apex Court in the case of State of U.P. & ors. v. Ambrish Tandon & anr. reported in 2012(1) WLC (SC) Civil 402 where the market value of the property in question, a residential house, was assessed on the basis of its intended use for commercial purpose in future, the Hon'ble Apex Court held that merely because the property is being used for commercial purpose at the later point of time cannot be considered a relevant criteria for assessing the value for the purpose of stamp duty. 6. It is not disputed that the said land was purchased in the residential colony. 6. It is not disputed that the said land was purchased in the residential colony. Hence, under no circumstances, the said property can be treated as commercial property for the purpose of assessment of its market value. The market value of the property has to be assessed on the basis of the nature of the property as on the date of the execution of the sale-deed. The intended use of the property in future cannot be made a basis for assessment of its' market value. 7. In view of the settled proposition of law, both the writ petitions are allowed. The impugned Orders dated 27.03.2012 (Annx.4) as well as dated 09.11.2005 (Annx.3) passed in both the writ petitions are set aside.