Chandigarh, 28th January 2009
On a petition filed by Sukhminderpal Singh Grewal, Namberdar Village Bhukhari Kalan, Ludhiana in public interest as Public Interest Litigation, Challenging Unconstitutional and illegal collection of Additional 3% Stamp Duty known as “Social Security Fund” in 39 Class-II, 31 Class-III and 29 Nagar Panchayats all over the State of Punjab, the Hon’ble Division Bench consisting of Hon’ble The Chief Justice and Hon’ble Justice Hemant Gupta of Punjab and Haryana High Court after hearing the counsel Shri Sanjay Tangri, issued Notice of Motion to the State of Punjab. On the asking of the court, Sh. Amol Rattan Singh, Additional Advocate General, Punjab accepted the notice on behalf of the State of Punjab and sought time to seek the instructions. Now the case is fixed for hearing on 04-02-2008. Shri Sukhminderpal Singh Grewal, has approached the Hon’ble Punjab and Haryana Court by way of filling a petition under Articles 226 /227 of the Constitution of India through his counsels Shri Sanjay Tangri and Gaurav Tangri seeking the issuance of a writ in the nature of Prohibition prohibiting the state of Punjab from charging the additional stamp duty, commonly known as “Social Security Fund” which is being charged even on the instruments which are executed in the areas outside the areas of Municipal Corporation and Class I Municipalities of the State of Punjab against the provisions of Indian Stamp (Punjab Amendment) Act, 2005. Shri Grewal in his petition has also prayed before the Hon’ble High Court that a writ of mandamus may also be issued directing the State of Punjab to refund the illegally deducted additional stamp duty to the persons from whom it has been charged, alongwith interest @ 18% per annum compounded half yearly calculated from the date of such deposit till its actual repayment to such persons. Prior to approaching the Hon’ble High Court, Shri Sukhminderpal Singh Grewal had served notices on 14th November 2008 to District Commissioners all over Punjab under Section 166 of Indian Penal Code and Section 80 of Code of Civil Procedure calling upon them not to recover additional 3% Stamp Duty from “Class-II”, “Class-III” Municipalities and Nagar Panchayats in their revenue districts violating Indian Stamp Act. Grewal added that notices were also issued under section 80 of CPC for initiating civil proceedings against the erring Civil Servants and he will ensure that loss to be public will be personally recovered from them as per provisions of the law. Grewal stated that he had already written a letter to Sardar. Prakash Singh Badal and he is confident that the SAD-BJP Government will soon provide relief to people of Punjab. He added that he had also apprised Professor Rajindra Bhandari, BJP President of Punjab about the above “Jazia Tax” imposed by Capt. Amarinder Singh violating Indian Stamp Act and Party President had given him assurance that justice will prevail.
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