Gujarat High Court High Court

Bhikhabhai vs Deputy on 25 July, 2008

Gujarat High Court
Bhikhabhai vs Deputy on 25 July, 2008
Author: Jayant Patel,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
		   Print
				          

  


	 
	 
	 
	 
	 
	 
	 
	


 


	 

SCA/2982520/2007	 3/ 3	JUDGMENT 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

SPECIAL
CIVIL APPLICATION No. 29825 of 2007
 

 
 
For
Approval and Signature:  
 
HONOURABLE
MR.JUSTICE JAYANT PATEL
 
 
=========================================================

 
	  
	 
	  
		 
			 

1
		
		 
			 

Whether
			Reporters of Local Papers may be allowed to see the judgment ?
		
	

 
	  
	 
	  
		 
			 

2
		
		 
			 

To be
			referred to the Reporter or not ?
		
	

 
	  
	 
	  
		 
			 

3
		
		 
			 

Whether
			their Lordships wish to see the fair copy of the judgment ?
		
	

 
	  
	 
	  
		 
			 

4
		
		 
			 

Whether
			this case involves a substantial question of law as to the
			interpretation of the constitution of India, 1950 or any order
			made thereunder ?
		
	

 
	  
	 
	  
		 
			 

5
		
		 
			 

Whether
			it is to be circulated to the civil judge ?
		
	

 

 
=========================================================

 

BHIKHABHAI
NARJIBHAI PATEL - Petitioner(s)
 

Versus
 

DEPUTY
COLLECTOR & 1 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
AM PAREKH for
Petitioner(s) : 1, 
MR LR PUJARI, AGP for Respondent(s) : 1 -
2. 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE JAYANT PATEL
		
	

 

 
 


 

Date
: 25/07/2008 

 

 
 
ORAL
JUDGMENT

Rule.

Mr.Pujari, learned AGP waives notice of rule for respondent State.

In
this petition the challenge of the petitioner is against the order
passed by the Deputy Collector as well as the Appellate Authority,
whereby the Appellate Authority has dismissed the appeal on the
ground that the same is presented after period of limitation as if
it has no power to condone the delay.

This
Court would have considered the matter on the aspect as to whether
approach on the apart of the Appellate Authority was justified on
the face of the judgement of this Court, having taken the view that
it has power to condone the delay by applying Section 5 of the
Limitation Act. However, Mr.Pujari, learned AGP appearing for the
respondent State Authorities stated that the matter may be remanded
to the Deputy Collector as if the appeal is allowed, and Deputy
Collector shall decide the matter afresh. He submitted that the
petitioner concerned may appear before the Deputy Collector within
two weeks from today.

In
view of the above declaration made on behalf of the State
Government, the impugned order passed by the Deputy Collector for
assessment of the stamp duty as well as the order of Appellate
Authority for rejection of the appeal on the ground of limitation
are quashed and set aside with the direction that the matter shall
stand restored to the Deputy Collector.

The
petitioner concerned shall appear before the Deputy Collector within
two weeks from today. The Deputy Collector shall decide the matter
in accordance with law after giving opportunity of hearing to the
petitioner and shall pass the order.

It
is hardly required to be stated that until a fresh order is passed
by the Deputy Collector, there shall be no further recovery. The
amount deposited, if any, by the petitioner concerned pending the
appeal, shall remain as the deposit and shall be subject to the
final order which may be passed by the Deputy Collector inasmuch as
if there is no assessment of the additional stamp duty, the amount
shall be refunded to the petitioners concerned and if there is
assessment, the amount may be adjusted in accordance with law,
without prejudice to the rights and contentions of the concerned
petitioner to prefer an appeal, as may be permissible in law.

The
petition is allowed to the aforesaid extent. Rule made absolute
accordingly. No order as to cost.

25.7.2008						(Jayant
Patel, J.)
 


vinod

    

 
	   
      
      
	    
		      
	   
      
	  	    
		   Top