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2021 IHC 158

Abid Zaheer vs Chief Commissioner, ICT and another

Citation2021 IHC 158
CourtIslamabad High Court
Case No.I.C.A. No. 163 of 2021
Date2021-03-31
Judge(s)Mohsin Akhtar Kayani, Fiaz Ahmad Anjum Jandran
ResultAccordingly dismissed

ORDER

FIAZ AHMAD ANJUM JANDRAN, J. Through instant Intra-Court Appeal, appellant impugns Judgment dated 17.03.2021, passed by the learned Single Judge-in-Chambers, whereby Writ Petition No. 1037/2021, filed by the appellant was dismissed.

2. Essential and relevant facts for adjudication of instant appeal are that the appellant, in order to sell a plot of 01- Kanal 13-Marla situated within the revenue estate of Mouza Mohra Noor , Tehsil and District Islamabad, obtained fard bai wherein the said property had been described as commercial with stamp duty of 11 lakh per Marla.

According to the appellant, the land retains residential status, therefore, notifica tion qua revision of stamp duty dated 02.06.2020 issued by the responde nts, being in contravention of the Stamp Act, 1899 be declared null and void.

3. At the very outset, learned counsel submits that the appellant is ready to depos it the requisite stamp duty under protest subject to final outcome of instant appeal as the respondents retain no authority to convert status of land from residential to commercial.

4. The submission ibid has been given due consideration. Suffice it to say that as the appellant has already approached the competent forum, therefore, prayer being made can well be agitated before the said forum.

5. The learned Single Judge-in-Chambers has taken into consideration the aspect of filing of representation before the respondents and expected that the said representation would be decided expeditiously and preferably within a period of one month as public functionaries are under obligation to decide pending applications/ representations within reasonable time.

6. In addition, learned counsel has not been able to highlight violation of any statutory provision or regulations while issuing impugned notification by the respondents.

7. Having examined the case from every angle, the conclusion arrived at by the learned Single Judge in-Chambers, in the backdrop of facts and law on the subject, is well reasoned and does not call for any interference.

Consequently , instant appeal fails and accordingly dismissed in limine .

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