Wns Global Services Pvt Ltd. v. The State Of Maharashtra Through G.P And ANR

5-wpst34847-17 vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.34847 OF 2017 WNS Global Services Pvt. Ltd.

...Petitioner

V/s.

The State of Maharashtra & Anr.

...Respondents

Mr.Venkatesh Dhond, Senior Counsel with Mr.Akshay Puranik, Mr.Amol Bavare and Mr.Deepak Enakphale i/b Pragnya Legal for the Petitioner.

Mr.S.H. Kankar, A.G.P. for the State - Respondent Nos.1 and 2. CORAM : R.D. DHANUKA, J.

DATE : 19TH DECEMBER, 2017.

P.C. :- 1.

Mr.Dhond, learned senior counsel appearing for the petitioner invited my attention to the communication dated 29th February, 2016 at page 248, a communication dated 31st March, 2016 at page 252 and a communication dated 8th June, 2016 at page 259 and would submit that these communications are not in the nature of any order passed by the Authority and are thus not required to be impugned by the petitioner before the Authority. He submits that all the demand notices issued to the petitioner by the Collector of Stamps are already impugned by the petitioner by filing an appeal before the Chief Controlling Revenue Authority, Pune who is ceased 1/2

5-wpst34847-17 of the matter. The next date fixed by the learned appellate authority is on 9th January, 2018. Learned senior counsel for the petitioner submits that his client would pursue the said appeal before the appellate authority and seeks liberty to withdraw this petition. 2.

Learned A.G.P. upon instructions, states that he has no objection if the petition is allowed to be withdrawn and if the petitioner pursues the appeal filed before the Chief Controlling Revenue Authority, Pune. The statement is accepted.

3.

The Writ Petition (Stamp) No.34847 of 2017 is dismissed as withdrawn with liberty to pursue the appeal filed by the petitioner before the Chief Controlling Revenue Authority, Pune, who is ceased of the matter. It is made clear that this Court has not expressed any views on the merits of the matter. The said appeal shall be decided by the appellate authority on its own merits. During the pendency of the said appeal before the Chief Controlling Revenue Authority, Pune and for a period of two weeks thereafter, if any adverse order is passed against the petitioner by the appellate authority, the same shall not be implemented.

4.

The parties to act on the authenticated copy of this order duly signed by the Sheristedar of this Court. (R.D. DHANUKA, J.) 2/2