Shahurao Shankarrao Jogdand v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 WRIT PETITION NO.14300 OF 2018 Shahurao s/o.Shankarrao Jogdand, Age: 58 Years, Occu. Agril.

R/o. Narwadi, Tq. Sonpeth, District Parbhani.

.. PETITIONER

VERSUS

1.

The State of Maharashtra, Through its Secretary, Revenue and Forest Department, Mantralaya, Mumbai - 32.

2.

The District Collector, Parbhani, Tq. & Dist. Parbhani.

3.

The Stamp Collector, Parbhani, Administrative Building, Hall No.3, Ground Floor, Parbhani, Tq. & Dist. Parbhani.

4.

The Tahsildar, Sonpeth, Tq. Sonpeth, Dist.Parbhani.

..RESPONDENTS ...

Mr.Mahesh P.Kale, Advocate for the petitioner Mr.S.M.Ganachari, AGP for Respondent - State ...

CORAM: S.S.SHINDE & A.M.DHAVALE,JJ.

DATE : 21.12.2018

ORDER:

1] Learned counsel appearing for the petitioner submits that, while taking impugned decision, respondent no.3 - the Stamp Collector, Parbhani, has not considered the provisions of Article 46, clause (c) of Schedule-I of the Maharashtra Stamp Act, 1958 [for short 'said Act'].

2] Being aggrieved by the decision of respondent no.3 i.e. the Stamp Collector, Parbhani, which is communicated to the petitioner, by letter dated 5th December, 2018, asking the petitioner to deposit stamp duty at the market rate, is challenged in this Petition.

3] In the impugned communication, there is reference to the invocation of Section 39 of the said Act. Section 53A of the said Act provides for Revision of Collector's decision under Sections 32, 39 and 41. In that view of

the matter, the petitioner can assail the impugned communication / decision taken by the Collector, by way of filing Revision under Section 53A of the said Act.

4] In that view of the matter, without entering upon the merits of the contentions raised in this Petition, we dispose of the Writ Petition, with liberty to the petitioner to avail of an appropriate remedy of Revision under Section 53A of the said Act.

[A.M.DHAVALE] [S.S.SHINDE] JUDGE JUDGE DDC