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ASIF KHAN v. THE STATE OF UTTAR PRADESH

Supreme Court of India | Diary 46175/2018

Status

Order

Decided On

2024-11-28

Bench

HON'BLE MR. JUSTICE ABHAY S. OKA, HON'BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Petitioner

ASIF KHAN

Respondent

THE STATE OF UTTAR PRADESH

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Full Judgment Text

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO(S).13324 OF 2024 (ARISING OUT OF S.L.P (CIVIL) NO(S).8370/2019)

ASIF KHAN & ORS. APPELLANT(S)

VERSUS

THE STATE OF UTTAR PRADESH & ANR. RESPONDENT(S)

O R D E R

1. Heard the learned counsel appearing for the parties.

2. Leave granted.

3. It is necessary to make a reference to the factual aspects.

The appellants are the purchasers of a residential plot admeasuring

362.54 square metres situated at Mohalla Sarvat Gate (North),

Muzaffarnagar. The appellants acquired the said plot by a sale

deed dated 28th May, 2008. The case of the appellants is that they

paid the stamp duty on the said document as per the notified circle

rate at the rate of Rs.5,700/- per square metre. After

registration of the sale deed, spot inspection was conducted by the

Sub-Registrar, Muzaffarnagar and the Additional District Magistrate

(for short, “the ADM”), Finance/Revenue, Muzaffarnagar. On the

basis of the report submitted by the ADM recording that there was a

deficiency in stamp duty, a notice was issued to the appellants

calling upon them to correct the valuation. After considering the

objections raised by the appellants, the Assistant

Commissioner/Collector (Stamp) by an order dated 31st August, 2009

came to a conclusion that there was a deficiency of stamp duty of

Rs.3,33,500/- (Rupees ...

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