Nitin Vijay Mamidwar And Others v. Dy. Inspector General Of Registration And Dy. Chief Controller, Nagpur Region, Nagpur And ANR

2025:BHC-NAG:10583 1 24-wp 3781.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 3781 OF 2024 ( Nitin Vijay Mamidwar and others vs. Deputy Inspector General of Registration and Deputy Chief Controller, Nagpur Region Nagpur and another ) Office Notes, Office Memorandum of Coram, appearances, Court's orders or the directions, Court's or Judge's order and Registrar's orders.

Mr. M.P.Khajanchi, Advocate for petitioners.

Mr. A.A.Madiwale, AGP for respondents.

CORAM : SIDDHESHWAR S. THOMBRE, J.

OCTOBER 10, 2025 1) Heard learned counsel for both the parties.

2) The petitioner by way of present writ petition has challenged the order passed by respondent No.1, whereby the respondent No.1 has declined to interfere in the appeal filed by the present petitioner on the ground that respondent No.1 is not empowered under Section 32B of the Maharashtra Stamps Act, 1958 to entertain the appeal.

3) Learned counsel for the petitioner invited my attention to Section 32B of the aforesaid Act, as well as the order passed by the respondent No.2 herein and submitted that the petitioner can avail the remedy under Section 32B and under Section 53A of the Maharashtra Stamp Act, 1958.

4) I have gone through the order passed by the respondent No.2 whereby it clearly demonstrates that the respondent No.2 has already determined the amount payable by the petitioner and therefore, if present petitioner is aggrieved by the said order, certainly, appeal is maintainable under Section 32B of the said Act. Therefore, without going into the merit of KOLHE

2 24-wp 3781.2024.odt the matter, the order passed by respondent No.1 is liable to be set aside.

5) In view of that, writ petition is allowed partly. The respondent No.1 to decide the appeal proceedings filed by the petitioner, which is maintainable under Section 32B of the Act. It is made clear that this Court has not recorded any findings on the merit. It is for the authorities to consider the matter on its own merit and pass an appropriate order.

(SIDDHESHWAR S. THOMBRE, J.) KOLHE