Shashi Kumar Tripathi vs State Of U.P. And Anr.
2011 Latest Caselaw 2205 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - C No. - 32221 of 2011
 

 
Petitioner :- Shashi Kumar Tripathi
 
Respondent :- State Of U.P. And Anr.
 
Petitioner Counsel :- Sandeep Chaturvedi
 
Respondent Counsel :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

The Collector, Kanpur Nagar under the U.P. Stamp (Valuation of Property) Rules, 1997 has prescribed the minimum rates for different categories of land which are commonly known as circle rates on 1.8.2010.

The petitioner has filed objection/representation against the fixation of the aforesaid rates vide application dated 26.2.2011, Annexure - 5 to the writ petition.

I have heard learned counsel for the petitioner and learned Standing Counsel appearing for the respondents.

The submission of learned counsel for the petitioner is that his aforesaid application/representation is not being considered and decided by the Collector, Kanpur Nagar, respondent No.2.

Rule 4(2) of the aforesaid Rules empowers the Collector, on being satisfied about the incorrectness of the circle rates, to revise the same within a period of two years from the date of fixation of the minimum rates. The said revision may be done by the Collector either at his own motion or on an application made to him in this behalf.

The petitioner having made an application complaining about the incorrectness of the circle rate, the Collector is bound to consider and decide the same.

In view of aforesaid facts and circumstances, the writ petition is disposed of with the direction to the respondent No.2 to consider and decide the above representation/application of the petitioner within a period of two months from the date of presentation of a certified copy of this order/

With aforesaid direction, the petition stands disposed of.

Order Date :- 31.5.2011

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