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SCA/2426/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2426 of 2010
======================================
GIRISHBHAI
KANTIBHAI PATEL
Versus
STATE
OF GUJARAT & ORS
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Appearance :
MR
DIVYESH A JOSHI with MR RUSHABHRSHAH for Petitioner
MR RASHESH
RINDANI, AGP for Respondent No.1
NOTICE SERVED for Respondents 1 -
4
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CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 23/04/2010
ORAL
ORDER
Mr.
Rashesh Rindani, leaned AGP, submits that the notices challenged in
this petition are pursuant to the orders passed by the Deputy
Collector on 27.06.2003 raising the demand of Rs. 17,500/- and fine
of Rs. 100/- in respect of the Banakhat executed on 04.12.2001 as
well as the second order dated 27.06.2003 raising the demand of
deficit stamp duty of Rs. 23,500/- and fine of Rs. 100/-. It is the
case of the petitioner that these two orders were never served on the
petitioner. He has placed the copy of these two orders on the record
of this petition. He has also submitted that unless and until these
two orders are challenged, Notices cannot be quashed and set aside
by the court. The Court, therefore, asked the learned AGP to supply
copy of these two orders to the petitioner and necessary amendment be
made in the petition challenging the said orders. After carrying out
the aforesaid amendment, appropriate orders will be passed in the
petition.
The Court has shown the above indulgence in the matter that only
because of the fact that the demand raised by the respondent, vide
above orders is on the basis of Banakhat without possession and,
ultimately, the final sale deed is executed and registered after
paying necessary stamp duty and the said document is also released.
There are three documents for one transaction, and that too, within
few two days and hence to demand separate stamp duty for all the
three documents does not seem to be justified.
SO
to 28.04.2010 to be placed in the First Board.
(K.
A. PUJ, J.)
pnnair
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