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SCA/3822/1993 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 3822 of 1993
==============================================================
CHANDUBHAI
I PATEL - Petitioner(s)
Versus
SUB
REGISTRAR & 2 - Respondent(s)
==============================================================
Appearance
:
MR
MP PRAJAPATI for
Petitioner(s) : 1,
MR VM PANCHOLI, AGP, for Respondent(s) : 1 -
3.
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CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 10/10/2005
ORAL
ORDER
1. Heard
the learned counsel for the respective parties. The issue involved in
this petition is squarely covered by the ratio laid down by a Larger
Bench of this Court in the case of Shaileshkumar Vs. Sub-Registrar,
Vadodara, reported in 1996(3) GLR 783 (=1996(2) GLH 848).
2. In
this case the notice issued by the authorities under the Stamp Act
has been challenged without filing reply before the concerned
authority. Therefore, in view of the aforesaid decision of the Larger
Bench, interests of justice would be met by giving the following
direction:
?SIt will be open for the
petitioner to file a reply before the concerned authority within a
period of eight weeks from today. If such a reply is submitted within
a period of eight weeks from today, the competent authority shall
consider and decide the matter without raising any objection about
the delay. It is further directed that the recovery shall not be
given effect to till the matter is finally decided in accordance with
law.??
3. The
petition is accordingly disposed of. Subject to the above direction
rule is discharged with no order as to costs.
[K.S.
JHAVERI, J.]
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