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Bombay High CourtWP/3452/1993admittedallowedgrantedrule absolute

Anantkumar Satyanarayan Loya. v. The State Of Maharashtra And Others.

2016-07-04Hon'Ble Shri Justice P.R. Bora3 pages

IN THE HIGH COURT OF JUDICATURE OF

BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3452 OF 1993 ANAND KUMAR S/O SATYANARAYAN LOYA, Aged 45 years, Occupation Business, r/o Chintamani Colony, Aurangabad.

...PETITIONER

VERSUS

1.

The State of Maharashtra, through the Collector, Aurangabad.

2.

Deputy Collector and Competent Authority, Stamps and Valuation, Aurangabad.

3.

The Sub Registrar, Registration Office, Aurangabad.

...RESPONDENTS ...

Shri. S. G. Ladda, Adv. for Petitioner.

Shri. P. G. Borade, AGP for State.

CORAM: P.R.BORA, J.

Date : 04/07/2016 ...

JUDGMENT:

1.

When the present matter was taken up for hearing, the learned Counsel for the petitioner tendered on record copy of the judgment delivered by this Court on

24th February, 2012, in Writ Petition No.656/1993 with connected writ petitions. Learned Counsel submitted that similar objections and questions of law which were raised in the aforesaid writ petitions, are raised in the present petition also. Learned Counsel, therefore, prayed for allowing the present petition for the same reasons as are assigned in the order passed by this Court on 24th February, 2012 in the aforesaid petitions. Learned A.G.P. has conceded the facts as are submitted by the learned Counsel for the petitioner and has prayed for passing appropriate orders.

2.

On perusal of the judgment delivered by this Court on 24th February, 2012, in Writ Petition No.656/1993 and the connected petitions, there has remained no doubt that the question of law involved in the present petition is the same which has been decided by this Court in the aforesaid writ petitions. I have, therefore, no hesitation in allowing the present petition for the reasons assigned in the aforesaid judgment. Hence, the following order:

ORDER

1) The writ petition is allowed for the reasons assigned in Writ Petition No.656/1993, and the connected petitions. The orders impugned in the present petition, and the action of the authority cannot be sustained, and deserves to be quashed and set aside and are hereby quashed and set aside.

Rule accordingly made absolute. However, there shall be no order as to the costs.

(P.R.BORA) JUDGE ...

AGP/3452-93wp