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Bombay High CourtWP/3866/2019disposed offdismissed for default

Shantaram Govind Kulkarni v. The State Of Maharashtra And Others

2019-03-25Hon'Ble Shri Justice P.R. Bora2 pages

66-WP-3866-2019.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 WRIT PETITION NO.3866 OF 2019 SHANTARAM GOVIND KULKARNI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Wagh Umakant U AGP for Respondent/State : Mr. K.S. Patil Advocate for Respondent No.3 : Mr. S.S. Deve ...

CORAM : P.R. BORA, J.

DATED : 25th March, 2019.

PER COURT:- .

The present writ petition can be disposed of since, it is the grievance of the petitioner that without giving him due opportunity of hearing, the learned Collector of Stamps, Ahmednagar has passed the impugned order. The contention so raised is disputed by the learned counsel Shri Deve as well as the learned AGP. It is pointed out that at least on three occasions an opportunity was given however, the same has not been availed by the present petitioner. 2.

On perusal of the impugned order it appears that, the contention raised by the petitioner on merits referring to certain provisions of the Act has not been reflected in the order. In the circumstances, I deem it appropriate to pass the following order, which would meet the ends of justice.

66-WP-3866-2019.odt (2) Hence, the following order:

ORDER

i) The Collector of Stamps, Ahmednagar shall give due opportunity of hearing to the petitioner and decide the point at issue afresh.

ii) The writ petition stands disposed of.

iii) The petitioner shall appear before the Collector of Stamps, Ahmednagar on 04.04.2019.

(P.R. BORA, J.) Mujaheed//