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Bombay High CourtWP/16706/2024rule made absolute

Father Mr. Gregory Elias Dalmeida v. Inspector General Of Stamps And Regi. Council Hall And ORS

2024-12-03Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Somasekhar Sundaresan3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.16706 OF 2024 Mr.Gregory Elias Dalmeida .. Petitioner

Versus

Inspector General of Stamps & Registration & Ors. .. Respondents Mr.Yuvraj Narvankar, Advocate for the Petitioner. UTKARSH KAKASAHEB BHALERAO Ms.M.P.Thakur, AGP for Respondent/State.

CORAM:

B. P. COLABAWALLA & UTKARSH KAKASAHEB BHALERAO Date: 2024.12.06 10:02:35 +0530 SOMASEKHAR SUNDARESAN, JJ.

DATE : DECEMBER 03, 2024 P. C.

1.

Mentioned. With the consent of the parties taken out of turn.

2.

Rule. Respondent waives service. With the consent of the parties Rule made returnable forthwith and heard finally. 3.

The above Writ Petition seeks the following reliefs:- "(a) Rule be issued;

(b) That this Hon'ble Court be pleased to issue a Writ of Mandamus or any other Writ, order or Direction in the nature of Mandamus, directing the respondent no.1 to act in pursuance of and/or consider the communication dated 24th January 2024 ("Exhibit.B") addressed by the respondents no.2 to the respondent no.1, preferable within the period three weeks;"

4.

These reliefs are sought on the basis that the Petitioner had addressed a written representation to the Assistant Registrar of Assurances Class-2, Nashik on 22nd May 2023 recording its grievance and seeking revision of the classification of their land in the appropriate zone. The said representation, with comments were forwarded by the Assistant Director of Town Planning (Respondent No.2) to the Inspector General of Stamps and Registration (Respondent No.1) vide its communication dated 24th January 2024. According to the Petitioner this communication recommends revision of the valuation zone taking into account the representation of the Petitioner and the report of the Assistant Registrar of Assurances Class-2, Nashik. Despite this no action has been taken by Respondent No.1 on the aforesaid communication. It is in this light that a direction is sought to Respondent No.1 to act in pursuance of and/or consider the communication dated 24th January 2024.

5.

Considering that this is the limited relief sought, we dispose of the above Writ Petition by directing Respondent No.1 to take a decision on the communication dated 24th January 2024 addressed by Respondent No.2 to Respondent No.1 as expeditiously as possible and in any event within a period of 4 weeks from today. 6.

We make it clear that Respondent No.1 can either accept the suggestions made by Respondent No.2 or reject the same or even modify the same. As far as the merits of that issue is concerned, we have not opined one way or the other.

7.

Rule is made absolute in the aforesaid terms and the Writ Petition is also disposed of in terms thereof. However, there shall be no order as to costs.

8.

Personal Assistant of this Court. All concerned will act on production by [SOMASEKHAR SUNDARESAN,J.] [B. P. COLABAWALLA, J.]