Allowed

State of Chhattisgarh v. Cg Board of Revenue,Bilaspur and Ors.

Chhattisgarh HC8 Dec 2016WP227/1698/2011

Case brief

AI extract

What is this about?

This order allows the petitioner's writ petition, holding that the lower authorities committed illegality by failing to provide a complete opportunity of hearing and conduct a proper enquiry regarding property undervaluation for stamp duty and registration, as established in a related prior judgment.

What did the court decide?

Orders passed by Board of Revenue (dated 26.12.2009) and Collector of Stamps (dated 20.11.2009) are set aside. Parties directed to appear before Collector of Stamps on 22.12.2016.

State of Chhattisgarh Vs Cg Board of Revenue,Bilaspur… — Cheque Dishonour | Chhattisgarh HC (2016)

¶1

¶2

NAFR

¶3

HIGH COURT OF CHHATTISGARH, BILASPUR WP (227) No.1698 of 2011

¶4

State of Chhattisgarh through Sub Registrar, Bilaspur (CG)

¶5

---- Petitioner

¶6

Versus

¶7

Chhattisgarh Board of Revenue Bilaspur, through its Registrar

¶8

Smt. Akansha Mishra, W/o Shri Bankim Mishra, R/o Sadar Bazar, Bilaspur, Tahsil & District Bilaspur (CG)

¶9

Sanjay Kumar S/o Shri Bhaiyalal, R/o Village Uslapur Basti Tahsil Takhatpur, District Bilaspur (CG)

¶10

---- Respondents

¶11

------------------------------------------------------------------------------------------------For Petitioner : Mr.Gary Mukhopadhyay, Dy.G.A. For Respondent No.2 : Mr. Anand Shukla, Advocate ------------------------------------------------------------------------------------------------

¶12

Hon'ble Shri Justice Sanjay K. Agrawal

¶13

Order on Board

¶14

08/12/2016

¶15

The present writ petition is similar and identical to that of the case of State of Chhattisgarh Vs. Chhattisgarh Board of Revenue, Bilaspur & Ors .¹ , whereby this Court has held as under:-

¶16

“25. In the present case, the Sub-Registrar has referred the matters after considering the Guidelines and average market value of the lands. In the light of aforesaid judgments of the Supreme Court and the High Court of Punjab & Haryana, and the provisions of law, the Collector of Stamps was under obligation to enquire into the matter relating to undervaluation of the property for the purpose of stamps & registration, and was also under obligation to provide complete opportunity of hearing/adducing evidence to both the parties i.e. also to the State Government who may be the loser if proper stamp duty is not paid, and also

¶17

1 AIR 2012 Chhattisgarh 34

¶18

¶19

provide opportunity to the parties before arriving at any finding relating to a particular finding ignoring the finding that the builder/person has purchased the property for construction of building or colony.

¶20

For the foregoing reasons, in my considered view, the Collector of Stamps has not provided complete opportunity of hearing to the parties and has not enquired into the matter, and thereby committed illegality. By reversing/modifying the order passed by the Collector of Stamps, the Board of Revenue has also committed illegality.

¶21

The cases are remitted back to the Collector of Stamps who shall provide complete opportunity of hearing to the parties to adduce evidence and after holding enquiry under the provisions of the Indian Stamp Act (Chhattisgarh Prevention of Undervaluation of Instruments) Rules, 1975 and the guidelines notified under the Chhattisgarh Preparation and Revision of Market Value Guidelines Rules, 2000, pass order afresh.”

¶22

In view of above, the writ petition is allowed in terms of the order passed by this Court in Chhattisgarh Board of Revenue, Bilaspur (supra) and order dated 26.12.2009 (Annexure P/1) passed by the Board of Revenue, Chhattisgarh, Bilaspur and order dated 20.11.2009 (Annexure P/5) passed by the Collector of Stamps, Bilaspur are hereby set aside. Parties are directed to appear before the Collector of Stamps, Bilaspur on 22.12.2016 for further hearing. No order as to cost(s).

¶23

Sd/-

¶24

(Sanjay K Agrawal) Judge

¶25

B/-

State of Chhattisgarh v. Cg Board of Revenue,Bilaspur and Ors.

Case brief

What is this about?

What did the court decide?

State of Chhattisgarh v. Cg Board of Revenue,Bilaspur and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Smt.Kamaljeet Kaur Vs Regional Transport Authority and Anr.

Smt. Kamaljeet Kaur Vs Regional Transport Authority and Ors.

Gourishankar Sinha Vs the State of Chhattisgarh and Ors.

State of Chhattisgarh Vs Cg Board of Revenue,Bilaspur and Ors.

Sagun Singh Thakur Vs Rishi Chandrakar

Kumari Yashoda Singh Vs State Of Chhattisgarh