Bank Of Baroda v. The District Collector Of Stamps And ANR.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8834 OF 2015 Bank of Baroda.
] ... Petitioner
Versus
1. The District Collector of Stamps, Raigad, ] Alibaug, and
2. State of Maharashtra, ] Department of Registration and Stamps.
] ... Respondents Mr. Nishant a/w Mr. Prakash Shinde, Ms. Ambreen Saheed & Mr.Chirag Bhavsar i/b MDP & Partners for Petitioner. Mr. S. D. Rayrikar, A.G.P., for Respondents.
CORAM :- M. S. SONAK, J.
DATE :- SEPTEMBER 07, 2015 P. C. :- 1.
This petition challenges order dated 11/02/2015 made under Section 33 of The Maharashtra Stamp Act, 1958 ('the said Act'). 2.
Section 33 of the said Act is the first provision in chapter IV of the said Act. Section 53 (1A) of the said Act that any person aggrieved by an order of the Collector under Chapter IV, may, within sixty days from the date of receipt of such order, by an application in writing, accompanied by a fee of three hundred rupees, file an appeal against such order to the Chief Controlling Revenue Authority; who
2 WP 8834-15.doc-33 shall, after giving the parties a reasonable opportunity of being heard, consider the case and pass such order thereon as he thinks just and proper and the order so passed shall be final. 3.
In the light of the aforesaid statutory appeal provision, there is no reason to entertain the present petition. However, it is made clear that in case the Petitioner institutes statutory appeal against the order impugned in this petition, then, the appellate authority shall consider such appeal in accordance with law and on its own merits. Further, in such appeal, the Petitioner shall be entitled to raise all the grounds, which the Petitioner has raised in the present petition.
4.
With the aforesaid observations, this petition is disposed of. There shall be no order as to costs.
(M. S. SONAK, J.)
3 WP 8834-15.doc-33 CERTIFICATE Certified to be true and correct copy of the original signed Order.