M/S Jain Infra Through Partners Subhash Shantilal Chhajed And Another v. The State Of Maharashtra Through The Secretary And Another

WP No.7056/22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.7056 OF 2022 M/S JAIN INFRA THROUGH PARTNERS SUBHASH SHANTILAL CHHAJED AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND ANOTHER ...

Advocate for Petitioners : Mr. J.M. Murkute AGP for Respondent/State : Mr. S.G. Sangle ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

DATED : JULY 27, 2022.

PER COURT :

1.

The petitioner is assailing the order passed by the Collector Stamps under section 48, which falls under Chapter V of the Maharashtra Stamp Act.

2.

Section 53 (1A) reads as under :- "53. Control of and statement of case to Chief Controlling Revenue Authority. - (1) ...........

(1A) Any person aggrieved by an order of the Collector under Chapter III, Chapter IV, Chapter V and under clause (a) of the second proviso to section 27 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 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.

WP No.7056/22 3.

In view of the above, the petitioner has a statutory remedy of approaching the Chief Controlling Revenue Authority. In this view of the matter, we need not exercise our extraordinary jurisdiction. 4.

This petition is, therefore, disposed off, with liberty. The time spent by the petitioner in this Court from 9.6.2022 till the passing of this order, shall be a good ground for condonation of delay. [ARUN R. PEDNEKER J.] [RAVINDRA V. GHUGE, J.] SSC/