1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.8448/2007 (Smt. Sajjan Devi Vs. State of Raj. & Ors.) Date of order : 12.11.2008 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr. Tribhuvan Gupta, for the petitioner. Mr. V.D. Bohra with Mr. Shyam Toshniwal on behalf of Mr. A.K. Rajvanshy, Addl. Advocate General. Heard learned counsel for the parties. The main contention of learned counsel for the petitioner is that the impugned order has been passed without issuing notice to the petitioner. I have perused the certified copies of order- sheets Annexure-P/3 – the proceedings of the matter undertaken by the Collector Stamps, Udaipur. Admittedly, the order has been passed ex-parte and upon perusal of all the order-sheets, it is revealed that thee is no mention with regard to service of notice upon the petitioner. In this view of the matter, it is clear that the order has been passed ex-parte without providing 2 opportunity of hearing to the petitioner. Thus, it is clear that when the notice was not even served upon the petitioner issued by the Collector Stamps, Udaipur, then, obviously the petitioner was not able to defend himself. In this view of the matter, upon peculiar facts and circumstances of the the case, the impugned orders dated 30.12.2006 (Annexure-P/4) and 4.6.2007 (Annexure-P/7) are hereby quashed and set aside and the matter is remitted to the Collector Stamps, Udaipur for deciding the matter afresh. The petitioner is directed to appear before the Collector Stamps, Udaipur on 15.12.2008 and submit his reply to the notice. Upon filing the reply by the petitioner, the matter may be decided afresh by the Collector Stamps, Udaipur. It is also made clear that if any adverse order is passed against the petitioner, then, he will be free to avail the remedy available to him under the Stamp Act. Accordingly, the writ petition is allowed. (GOPAL KRISHAN VYAS), J. arun