K.V.S. Infrastructure Pvt. Ltd. vs State Of U.P. & Others
2012 Latest Caselaw 1497 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- WRIT - C No. - 22843 of 2012
 

 
Petitioner :- K.V.S. Infrastructure Pvt. Ltd.
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- D.P. Singh
 
Respondent Counsel :- C. S. C.
 

 
Hon'ble Pankaj Mithal,J.

Merely for the reason that the property is situate on a 45-metre  wide road and adjacent to a guest house, its market value has been assessed by treating it as a commercial property. The inspection report though states that the property is commercial in nature, but there is no basis to support the recommendation.

Apart from the above, market value has not been determinede by applying the general princles.

Learned Standing Counsel prays for and is allowed one month's time to file counter affidavit. Two weeks thereafter are allowed to file rejoinder affidavit.

List thereafter.

Until further orders of the Court, the operation of the impugned order dated 28.12.2011 and the appellate order dated 29.2.2012 shall remain stayed provided the petitioner deposits 50%  of the deficit stamp duty within one month from today. Any amount deposited earlier shall be given adjustment.

Order Date :- 9.5.2012

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