1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.1695 OF 2008. PETITION NO.1695 OF 2008. PETITION NO.1695 OF 2008. M/s.Lalit Construction : Petitioner versus Assistant Director Registrar-1 and Stamp Collector Nashik & ors. : Respondents. Mr.Shriram S. Kulkarni for the petitioner. Mrs.M.P.Thakur, AGP, for the State. CORAM CORAM CORAM : BILAL NAZKI & : BILAL NAZKI & : BILAL NAZKI & S.S.SHINDE, S.S.SHINDE, S.S.SHINDE, JJ., JJ., JJ., DATED DATED DATED : JUNE 26, 2008. : JUNE 26, 2008. : JUNE 26, 2008. P.C. P.C. P.C. 1. The petitioner is aggrieved by a letter dated 29th October 2007 written by the Stamp Collector, Nashik. It appears that after registration of document, the petitioner had been informed that he had paid deficit stamp duty and the stamp duty was demanded from him. He deposited the stamp duty in 2 protest along with his objection. 2. Now the grievance of the petitioner is that without passing any order and without hearing him, the Stamp Collector retained the amount collected from him. In the counter filed by the State it is stated that the order passed by the Stamp Collector is appellable before the appellate Authority. As such, if the petitioner has any grievance, he should file an appeal. The learned counsel for the petitioner submitted that since no order was passed by the Stamp Collector, therefore there would not be any question of filing any appeal. 3. We have seen the letter dated 29th October 2008. The Stamp Collector has categorically stated that the Development Agreement, according to him, was a sale deed and the Chief Accountant, Nagpur had raised objection and he had agreed with the objection of the Chief Accountant, Nagpur. Therefore, the Stamp Collector has decided the matter, may be without hearing the petitioner, that the document in question was not the Development Agreement but was a sale deed. Therefore, in our view, the petitioner can file an appeal against the said order before the appellate Authority. If such appeal is filed, the appellate 3 Authority shall dispose of the same on its own merits. It may also see the effect of the order passed by the Stamp Collector as a result of not giving hearing to the petitioner as alleged by him. The petition is disposed of. [BILAL [BILAL [BILAL NAZKI, J] NAZKI, J] NAZKI, J] [S.S.SHINDE, [S.S.SHINDE, [S.S.SHINDE, J] J] J]