1 conpw77-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Contempt Petition No. 77 of 2010 . in Writ Petition No.1755 of 2009 Maker Chamber VI Premises Co-operative Society Ltd. & Another .. Petitioners v/s. State of Maharashtra & Others ..Respondents Mr.Milind Sathe, Sr. Counsel i/b.Maneksha Sethna for the Petitioner CORAM : R.Y.GANOO, J. DATED : 4th February, 2011 P.C. : 1. By Order dated 15.3.2000 this Court had directed the respondent no.2 to give hearing to the petitioners and then pass an order on the question of adjudication of stamp duty to be paid for execution of the documents which the petitioners wanted to execute. It is noticed that some time was taken in complying with the order as regards 2 conpw77-10.sxw submission of representation. It is noticed that the concerned authorities of the respondents decided the matter and called upon the petitioners to pay Rs.15 lakhs and odd amount by way of stamp duty and penalty at the rate of 2% per month or as part thereof was also imposed. A copy of the said demand notice is at Exhibit Y to the petition. Petitioners by their letter dated 4.6.2010 addressed to the respondent no.2 made grievance that the notice dated 14.5.2010 has been issued without affording personal hearing to the petitioners as was required to be done as per the order dated 15/3/2010. Relevant averment in regard to this is found in the petition at para 4.30. 2. Today the petition is at the stage of admission. Since the petitioners have made a statement on oath that no hearing was given and order dated 14.5.2010 is passed, I am inclined to accept the said statement. This will mean that order dated 15.3.2010 is not complied with as regards personal hearing to the petitioners. In my view, right at this juncture it is not necessary to issue any notice of contempt. However, interest of justice would be met with if the respondent no.2 is directed to give hearing to the petitioners as and by way of post decisional hearing and depending upon the hearing he will be able to 3 conpw77-10.sxw pass further orders if the order dated 14.5.2010 is required to be modified. Needless to mention that till such time the hearing is given and four weeks after the decision of the said hearing is communicated to the petitioners, respondents shall not take any coercive action of notice dated 14.5.2010 or such other notice which may be issued by them after the hearing is afforded. Hence following order is passed to dispose of the petition. ORDER i) Statement made by the petitioner that order dated 14.5.2010 in the nature of demand was passed without hearing the petitioners is accepted. The concerned officer i.e. the Respondent no.2 is directed to give personal hearing to the representative of the petitioner as and by way of post decisional hearing. ii) The date of hearing shall be fixed before 15.3.2011. After the hearing is given to the representative of the petitioners, Respondent No.2 shall pass an order either confirming the demand notice dated 14.5.2010 or such order which he may wish to pass. 4 conpw77-10.sxw iii) The said order shall be communicated to the petitioners within 15 days from passing of the said order. iv) For a period of four weeks from the date of receipt of the said order upon the petitioners the respondents shall not take any coercive action on this order dated 14.5.2010 or such other order which may be passed. Counsel for the petitioner states that the petitioner shall serve authenticated copy of this order on the respondent no.2 on or before 15.2.2011 v) Petition stands disposed of accordingly. [R.Y.GANOO, J.]