Case Details

Citation(s)
2010 SLG 1157 2010 SLD 1157 2010 PLJ 573
Lahore High Court
W.P. No. 18402 of 2009, hearing Date : 13.11.2009.
IJAZ-UL-AHSAN, JUSTICE
Mr. Amer Sohail Sh., Advocate for Petitioners. Rana Shamshad Khan, AAG for
Respondents.

SH. MUHAMMAD YOUSAF AND ANOTHERS

VS

DISTRICT COLLECTOR/DISTRICT REGISTRAR (DOR), OKARA AND 4 OTHERS

Law:

Section:

Stamp Act, 1899 (II of 1899)-- ----S. 27(A)--General Clauses Act, (X of 1897), S. 24-A--Commercial proprety--Question of official rate for valuation of a property for the purpose of calculation of stamp duty--Notifications of respondents--Challenge to--Held: Orders passed by the respondents ex-facie fall short of the basic standards provided in Section 24-A of the General Clauses Act, which requires public functionaries in exercise of their jurisdiction to pass reasoned orders--Where a valuation table has been notified by the Distt. Registrar and or D.D.O. (Registrar), valuation of property declared in an instrument of sale, provided such valuation is in consonance with the notified rates, has to be accepted by the concerned functionaries--There is no discretion vested in them in this regard. Statutory Functionaries-- ----Interpretation of statute--Statutory functionaries derive their powers from the statute--They are creatures of the statute and are bound to act and exercise only such powers and in such a manner as is envisaged by law--All actions taken and orders passed must be based on the bedrock of law and statute--Petition accepted. THIS JUDGMENT DELIVERED BY: IJAZ-UL-AHSAN, JUSTICE---.--- This petition assails the orders dated 2.6.2009 and 17.7.2009 passed by Respondents No. 1 and 2, respectively. 2. The petitioners purchased a commercial property comprising a shop along with roof measuring four Sarsahies and 18 feetsituated in "B" Block, Rail Bazar Chowk, Tehsil and District, Okara, for a consideration of Rs.1.5 million. By virtue of its location the shop in question falls in the category of commercial property as per valuation table issued by the District Officer (Revenue) Okara, vide Notification No. HRC/420-28 dated 2.7.2008. The said notification was issued under Section 75 of the Stamp Act, 1899 pursuant to notification issued by the Government of Punjab Bearing No. 67-2004/913-ST(I) dated 20.8.2005 under the Board of Revenue Punjab, Stamps (Yardstick Urban Lands) Rules, 1999. The said rules are still in force. 3. According to the Yardstick/Valuation Table issued by Respondent No. 1 on 2.7.2008 for District Okara. Rail Bazar Okara, where the shop…
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